Click the Relevant Titles Below to See Terms & Conditions, Privacy Policy and Cookies
Terms & Conditions of Use
1. Introduction
1.1 These terms and conditions govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you use any of our website services or make a purchase on our website, we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 18 years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our Privacy Statement and Cookies policy.
2. Copyright notice
2.1 Copyright (c) 2016 - 2020 Ruth Ellen Samuels t/a Ruth Ellen Photography.
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
3. Licence to use website
3.1 You may:
(a) view pages from our website in a web browser;
(b) purchase prints and digital images, download free (where applicable) digital images when you have been given permission to access a gallery from the photographer, Ruth Ellen Samuels or client of the gallery;
subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
3.6 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
4. Acceptable use
4.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means;
(f) violate the directives set out in the robots.txt file for our website; or
(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
5. Digital products
5.1 The advertising of digital products on our website constitutes an "invitation to treat" rather than a contractual offer.
5.2 It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you. You have the right to cancel your order if you do not wish to pay the amended prices.
5.3 Except as expressly provided otherwise, these terms and conditions do not govern the sale, purchase or licensing of our digital products, or any other matters relating to our digital products. The sale and purchase of digital products through our website, and the licensing of those digital products, will be subject to the signed, Photography Contract (if applicable), all the terms listed before completing payment at the checkout process (where there are tick boxes) and the Image Download Terms and Conditions, and we will ask you to agree to the terms of those documents each time you make a purchase on our website.
6. Products
6.1 The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.
6.2 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
6.3 Prices stated on our website may be stated incorrectly.
6.4 The sale and purchase of products through our website, and the licensing of those products, will be subject to the signed Photography Contract (if applicable), all the terms listed before completing payment at the checkout process (where there are tick boxes) and the Goods Sale Terms and Conditions, and we will ask you to agree to the terms of those documents each time you make a purchase on our website.
7. Gallery Passwords for Clients
7.1 You must keep your password confidential and only share to friends and family you wish to access your gallery, and to give them the option to purchase prints and digital downloads or download free digital images (if applicable).
7.2 You must notify us in writing immediately if you become aware of any disclosure of your password that was not intended.
7.3 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
8. Cancellation and suspension of gallery
8.1 We may:
(a) suspend your gallery;
(b) cancel your gallery; and/or
(c) edit your gallery,
at any time in our sole discretion without notice or explanation.
8.2 You may cancel your gallery on our website by emailing, ruth@ruthellenphotography.co.uk and requesting the gallery to be removed.
9. Report abuse
9.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
9.2 You can let us know by email to, ruth@ruthellenphotography.co.uk.
10. Limited warranties
10.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
10.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent that these terms and conditions expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
10.3 To the maximum extent permitted by applicable law and subject to Section 11.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
11. Limitations and exclusions of liability
11.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
11.2 The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions:
(a) are subject to Section 11.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
11.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
11.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
11.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
11.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
11.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
12. Breaches of these terms and conditions
12.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your gallery (if applicable) on our website.
12.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
13. Third party websites
13.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
13.2 We have no control over third party websites and their contents, and subject to Section 11.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
13.3 Permission must be granted in writing from Ruth Ellen Samuels, if you wish to use a link to this website. Please email to ask for permission to, ruth@ruthellenphotography.co.uk.
14. Variation
14.1 We may revise these terms and conditions from time to time.
14.2 The revised terms and conditions will apply to the use of our website from the date of their publication on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the terms and conditions.
15. Assignment
15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
16. Severability
16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
17. Third party rights
17.1 These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.
17.2 The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.
18. Entire agreement
18.1 Subject to Section 11.1, these terms and conditions, together with our privacy statement and cookies policy, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements between you and us in relation to your use of our website.
19. Law and jurisdiction
19.1 These terms and conditions shall be governed by and construed in accordance with English law.
19.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.
20. Our details
20.1 This website is owned and operated by Ruth Ellen Samuels
20.2 Our principal place of business is at, Bay Tree House, Chapel Lane, Harmston, Lincoln, LN5 9TB.
20.3 You can contact us by writing to the address given above, by using our website contact form, by telephone on 07877 136500 or by email to ruth@ruthellenphotography.co.uk.
Image Download, Invoice Payment and Gift Voucher Terms & Conditions for Online Orders (Additional Invoice Payment and Gift Voucher Sale Terms & Conditions purchased Online are detailed further down)
(this is to be used in conjunction with your signed Photography Contract, if applicable)
1. Introduction
1.1 These terms and conditions shall govern the sale and supply of downloadable images through our website, and the use of those images, invoice payments and the sale of gift vouchers.
1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
1.3 This document does not affect any statutory rights you may have as a consumer.
2. Interpretation
2.1 In these terms and conditions:
(a) "we" means Ruth Ellen Samuels t/a Ruth Ellen Photography (and "us and "our" should be construed accordingly);
(b) "you" means our customer or prospective customer under these terms and conditions (and "your" should be construed accordingly);
(c) "images" means those images that are available for purchase on our website; and
(d) "your images" means any such images that you have purchased through our website (including any enhanced or upgraded version of the images that we may make available to you from time to time) or any images that you have already paid for from a photo shoot session.
3. Order process
3.1 The advertising of images on our website constitutes an "invitation to treat" rather than a contractual offer.
3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3 (unless as part of your signed Photography Contract, you are entitled to all or a set number of digital downloads from your photo shoot session, as part of your fee).
3.3 To enter into a contract through our website to download and / or purchase downloadable images from us, pay an invoice or purchase gift vouchers, the following steps must be taken: add the images, invoice payment option or gift vouchers you wish to download / purchase, to your shopping basket and then proceed by clicking the CHECKOUT button; you must enter your details, then consent to all the terms listed (where there are tick boxes), the terms of this document, which includes your signed Photography Contract (if applicable) then click the NEXT button; if the balance is zero, click the COMPLETE ORDER button, then you will then be taken to another screen where you can download the images immediately via a link. Otherwise click the NEXT button and choose your preferred payment method; if you choose to pay by card, you will be requested to enter your card details and the payment will be processed by Stripe when you click the SUBMIT PAYMENT button. If you choose to pay via PayPal you will then be transferred to the payment service provider's website where our payment service provider will handle your payment (there will be a link to return to our website); after your payment has been processed or you have clicked the COMPLETE ORDER button, your order will become a binding contract; if you have made payment on our payment service provider’s website, click the button, Return to Merchant, and then you will be returned to our website; in all cases, we will immediately (unless there is a fault with our system) send you a notification of your order email. Your order email will also contain a link to download your images straight away if your order contains digital downloads (unless they are from an Equine Portrait session, in which case they will be emailed or posted at a later date), or, we will confirm by email that we are unable to meet your order. If all your digital download images in the gallery are £0.00 and you are a business or client (or somebody the client has given access to the gallery) from a commissioned photo shoot session, a binding contract has already been made when you / the client signed the Photography Contract which included all the digital downloads as part of your photo shoot assignment fee. If you do not receive an email after the checkout process, please check your junk email box. Please download your images asap after completing the checkout process and before the link expires (please see notification of order email to check date), to ensure you have your images, as we cannot refund you or provide the files to you, if this is not actioned (there is an option to do this straight after completing the checkout process, without going into your email if all the images were £0.00).
3.4 You will have the opportunity to identify and correct input errors prior to completing your order by checking what is in your shopping basket before completing the payment process on our payment service provider’s website, clicking the SUBMIT PAYMENT or COMPLETE ORDER button. If there are any errors, please remove the relevant items in your shopping basket or amend the quantities, and click the UPDATE ORDER button, to ensure your changes are saved. Please then check your order is correct once again. Repeat this process if necessary, until all the items in your basket are correct. Please ensure your email address is correct before completing the payment process on our payment service provider’s website or clicking the SUBMIT PAYMENT or COMPLETE ORDER button, as this is where your order details will be sent and a link to download your images (if applicable). We are unable to re-send the download link or refund you, if you have supplied an incorrect email address. Due to the nature of these orders, Digital Downloads cannot be exchanged or refunded once payment has been processed or the SUBMIT PAYMENT or COMPLETE ORDER button has been clicked, as the Digital Downloads are available for immediate download after payment has been made or the SUBMIT PAYMENT or COMPLETE ORDER button has been clicked (unless this is from an Equine Portrait session). This also applies even if you have added and / or chosen the incorrect item/s by mistake or changed your mind.
3.5 It is your responsibility to ensure you have entered any, promo codes, before completing the checkout process. We are unable to provide a refund if this has not been actioned.
3.6 If your order contains a mix of products and digital downloads, please refer to both Terms and Conditions for Image Downloads and Goods Sale as both will apply.
4. Prices
4.1 Our prices are quoted on our website.
4.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
4.3 There is no delivery charge for digital downloads, invoice payments or gift vouchers.
4.4 All amounts stated in these terms and conditions or on our website are stated exclusive of VAT. The prices listed on the website, is the price you will pay. There is no VAT breakdown as we are not VAT registered.
5. Payments
5.1 You must, during the checkout process, pay the prices of the images, invoice payment or gift vouchers you order.
5.2 Payments are made through Stripe. PayPal will only be used if Stripe is unavailable.
5.3 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of GBP 10.00; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 5.3 (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 5.3.
6. Licensing of images
6.1 Please refer to, “The Licence of Images to Client” section in your signed Photography Contract (if applicable) and sections 6.3 – 6.9 below.
6.2 If a signed Photography Contract does not apply to you, then the following licence terms apply and sections 6.3 – 6.9 below.
(a) We own all rights, copyrights, title and interest to the Images and you have no right to use any of them outside the express terms of section 6. of this agreement.
(b) The licence terms of use, only apply once the images have been paid for.
(c) The licence given to you is for personal use only, and is irrevocable, non-transferable and non-sub-licensable. For each use outside of the Licence, (including but not limited to, advertising, use in magazines) permission must be granted by us in writing and may be subject to a further fee and credit given to us. Permission must be granted by us in writing and the fee paid, before such further use.
(d) The licence is restricted so that unless we give written authorisation, then you may not copy, edit or manipulate any Image created by us, nor permit any other person to do so, without our permission in writing.
(e) So far as any goodwill is generated by your use of the Image(s) it shall accrue to the benefit of us.
(f) You may not sell any Images to third parties.
6.3 You warrant to us that you have access to the necessary computer systems, media systems, software and network connections to receive and enjoy the benefit of your images.
6.4 All intellectual property rights and other rights in the images not expressly granted by these terms and conditions are hereby reserved.
6.5 You must retain, and must not delete, obscure or remove, copyright notices and other proprietary notices on or in any image.
6.6 The rights granted to you in these terms and conditions are personal to you, and you must not permit any third party to exercise these rights.
6.7 If you breach any provision of these terms and conditions, then the licence set out in this Section 6 will be automatically terminated upon such breach.
6.8 You may terminate the licence set out in this Section 6 by deleting all copies of the relevant images in your possession or control.
6.9 Upon the termination of a licence under this Section 6, you must, if you have not previously done so, promptly and irrevocably delete from your computer systems and other electronic devices all copies of the relevant images in your possession or control, and permanently destroy any other copies of the relevant images in your possession or control.
6.10 The entire copyright in the images is retained by Ruth Ellen Samuels t/a Ruth Ellen Photography at all time throughout the world. Title to all images remains the property of Ruth Ellen Samuels t/a Ruth Ellen Photography.
7. Distance contracts: cancellation right for Digital Downloads (see further down for the Invoice Payment and Gift Vouchers section)
7.1 This Section 7 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession. If you are the client from a photo shoot, this does not apply to cancelling the signed Photography Contract. This only applies to the process of the digital images you choose to download and / or purchase to download from this website, if all the digital downloads in the gallery are not £0.00.
7.2 You may withdraw an offer to enter into a contract with us, or cancel a contract entered into with us by email to, ruth@ruthellenphotography.co.uk, at any time within the period:
(a) beginning upon the submission of your offer; and
(b) ending at the end of 14 days after the day on which the contract is entered into,
subject to Section 7.3. You do not have to give any reason for your withdrawal or cancellation.
7.3 You agree that we may begin the provision of images before the expiry of the period referred to in Section 7.2, and you acknowledge that, if we do begin the provision of images before the end of that period, you will lose the right to cancel referred to in Section 7.2. (please note, images that are available to download immediately after payment has been processed or the COMPLETE ORDER button has been clicked, cannot be cancelled and no refund or exchange can be offered due to the nature of the purchase, which means you will lose the right to cancel your order – unless due to a fault with the system (not your computer or mobile phone), the images cannot arrive for download, then the other clauses in section 7. will apply). Just to clarify, due to the nature of these orders, Digital Downloads that are available for immediate download, cannot be exchanged or refunded once payment has been processed or the COMPLETE ORDER button has been clicked, as they are available immediately after payment has been made or the COMPLETE ORDER button has been clicked. This also applies even if you have added and / or chosen the incorrect item/s by mistake or changed your mind.
7.4 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 7, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form below in bold. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired. This can be done by sending an email to, ruth@ruthellenphotography.co.uk with the subject title, "Cancel Order". Please then copy, paste and fill in the below statement highlighted in bold, into the email and send.
To Ruth Ellen Photography, Lincoln, UK:
I hereby give notice that I cancel my contract of sale of the following order / goods (*please list the item and file name/s*):
Invoice Number:
Ordered on:
Received on:
Name of consumer:
Address of consumer:
Date:
7.5 If you cancel an order on the basis described in this Section 7, you will receive a full refund of the amount you paid to us in respect of the order or just the items that have been cancelled (not including the photo shoot assignment fee – only the amount for the additional digital images, if applicable).
7.6 We will refund money using the same method used to make the payment. In any case, you will not incur any fees as a result of the refund.
7.7 We will process the refund due to you as a result of a cancellation on the basis described in this Section 7 without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation. Please allow 2-7 working days after we have processed the refund, for a refund to appear in your PayPal account (if you paid by PayPal and have a PayPal account) or your bank account.
7.8 If you are dissatisfied with your downloaded images due to quality or there is an issue, please contact us within 14 days from the date your images were available to download to discuss, either by email to, ruth@ruthellenphotography.co.uk or telephone 07877 136500. The images will be checked, and if another download does not remedy the situation, a memory stick with the image(s) will be delivered to you.
8. Warranties and representations
8.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions; and
(c) all the information that you provide to us in connection with your order is true, accurate, complete, current and non-misleading.
8.2 We warrant to you that:
(a) your images will be of satisfactory quality;
(b) your images will be reasonably fit for any purpose as described or for any purpose that you make known to us before a contract under these terms and conditions is made;
(c) your images will match any description of it given by us to you; and
(d) we have the right to supply your images to you.
8.3 All of our warranties and representations relating to images are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 9.1, all other warranties and representations are expressly excluded.
9. Limitations and exclusions of liability
9.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
9.2 The limitations and exclusions of liability set out in this Section 9 and elsewhere in these terms and conditions:
(a) are subject to Section 9.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
9.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
9.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
9.5 We will not be liable to you in respect of any loss or corruption of any data, database or software.
9.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
9.7 Downloading digital images from our website is done at your own risk and cannot be guaranteed to be free from viruses.
9.8 Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the total amount paid and payable to us under the contract.
10. Variation
10.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
10.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
11. Assignment
11.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
11.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
12. No waivers
12.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
12.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that contract.
13. Severability
13.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
13.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
14. Third party rights
14.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
14.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
15. Entire agreement
15.1 Subject to Section 9.1, these terms and conditions, together with our signed Photography Contract (if applicable), and terms with the tick boxes during the checkout process, shall constitute the entire agreement between you and us in relation to the sale and purchase of our downloads and the use of those downloads, invoice payment and gift vouchers, and shall supersede all previous agreements between you and us in relation to the sale and purchase of our downloads and the use of those downloads, invoice payment and gift vouchers.
16. Law and jurisdiction
16.1 These terms and conditions shall be governed by and construed in accordance with English law.
16.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.
17. Statutory and regulatory disclosures
17.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
17.2 These terms and conditions are available in the English language only.
18. Our details
18.1 This website is owned and operated by Ruth Ellen Samuels.
18.2 Our principal place of business is at, Bay Tree House, Chapel Lane, Harmston, Lincoln, LN5 9TB.
18.3 You can contact us by writing to the address given above, by using our website contact form, by telephone on 07877 136500 or by email to ruth@ruthellenphotography.co.uk.
19. Complaints: Online dispute resolution
19.1 If you are unable to settle a dispute with us, you may also seek resource through the EU’s online dispute resolution platform. You can visit the platform at, http://ec.europa.eu/consumers/odr/ . Please use ruth@ruthellenphotography.co.uk as our contact email in the platform.
Additional Gift Voucher Sale Terms and Conditions Purchased Online
1.1 Gift vouchers can ONLY (and firstly) be redeemed against the cost of ONE photo shoot assignment fee (see the specific Pricing page on the website to see if anything else is included). If there is any remaining balance, it will then be used towards additional mileage costs (if applicable). Any remaining balance after this, will then be used as credit towards purchasing products through the photographer. No refund will be given to the client or person who purchased the gift voucher for any remaining balance, nor can it be used towards another photo shoot assignment.
1.2 Gift vouchers can only be used for Equine Portrait shoots. They can NOT be used just for additional mileage costs, just for products purchased from photographer, or any items for sale under the SHOP tab of this website.
1.3 Gift vouchers will last for 6 months from purchase date and will expire after this date and can no longer be used. The photo shoot assignment must be booked and take place within this time (unless the photographer has been contacted before the expiry date and is unable to book a photo shoot assignment before the gift voucher expires – in this instance the expiry date will be extended). No refund will be issued for unused gift vouchers or any remaining balance.
1.4 You can cancel your order for a gift voucher within the 14 day cooling period and receive a full refund, unless the gift voucher has already been used to book a photo shoot assignment.
1.5 In order to cancel a gift voucher on the basis described in this Section 1, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us by using the cancellation form below in bold. To meet the cancellation deadline (14 days from purchase), it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired. This can be done by sending an email to, ruth@ruthellenphotography.co.uk with the subject title, "Cancel Gift Voucher Order". Please then copy, paste and fill in the below statement highlighted in bold, into the email and send.
To Ruth Ellen Photography, Lincoln, UK:
I hereby give notice that I cancel my contract of sale of the following gift voucher.
Invoice Number:
Ordered on:
Received on:
Name of consumer:
Address of consumer:
Date:
Name of Recipient:
1.6 We will refund money using the same method used to make the payment. In any case, you will not incur any fees as a result of the refund. The refund will be processed within 14 days of the notification to cancel. Please allow 2-7 working days after we have processed the refund, for a refund to appear in your PayPal account (if you paid by PayPal and have a PayPal account) or your bank account.
1.7 If a gift voucher has been used to book a photo shoot assignment fee, this will be treated the same as if it were money paid to the photographer by the client and will still be subject to the same cancellation and postponement policy as stated in the, Photography Contract and all other terms stated in the document. Any remaining value on the gift voucher, after a cancellation or postponement (if any), will not be refunded to the client, but will still be available towards future bookings until it expires. Any value left on the gift voucher after it expires, will not be refunded to the person who purchased the gift voucher or the Client it has been given to.
1.8 At the time of purchasing a gift voucher, you must provide the name/s of the gift voucher recipient in the relevant field, who will end up being the client and dealing with the photographer. No physical gift voucher will be sent. When the client contacts the photographer to book a photo shoot assignment, they must provide:
a). The Invoice Number (this can be found on the notification of order email, under, Invoice Number and in the subject title)
b). Date it was purchased
c). Who it was purchased for (the recipient's name/s)
d). Who it was purchased by (your name)
1.9 The price of additional products available to purchase, may be increased from time to time. The value of a gift voucher will not be increased to reflect the increase in price.
1.10 The recipient of the gift voucher is unable to exchange for cash.
1.11 For any shoot locations more than an 40 mile round trip from Harmston, Lincoln, an additional 45p per extra mile will be charged to the Client (recipient of the gift voucher) and must be paid at least 14 days before the photo shoot assignment is due to take place, if the value of the gift voucher does not cover this.
1.12 The client will still be responsible for paying any additional costs when due, if the gift voucher does not cover this. If the Client does not pay on time, the value of the gift voucher will be lost. The gift voucher will be treated the same as money given to the Photographer for a photo shoot assignment and will be subject to the same terms and conditions in the Photography Contract.
1.13 Gift voucher(s) purchased should only be for ONE client, for ONE photo shoot assignment at a time. If multiple gift vouchers are to be purchased for multiple recipients and / or photo shoot assignments, each one needs to be purchased separately as the invoice number from the purchase, is used as the gift voucher code and can only be used for one photo shoot assignment booking.
1.14 The purchaser and recipient of the gift voucher must ensure the invoice number is kept safe, as the Photographer can not be responsible for the cost, if this invoice number has been used by someone it was not intended for.
1.15 If the Client who has been given a gift voucher (or purchased it themselves) does not agree to the terms in the Photography Contract, no refund of the gift voucher value will be given to the Client or the person who purchased the gift voucher, unless it is within the 14-day cooling off period after purchase. In this instance the refund will be given to the person who purchased the gift vouchers and it will be refunded via the original method within 14 days of notification.
Additional Invoice Payment Terms and Conditions paid Online
1.1 The cancellation policy as described in your email and Photography Contract will apply.
Goods Sale Terms and Conditions for Online Orders
(this is to be used in conjunction with your signed Photography Contract, if applicable)
1. Introduction
1.1 These terms and conditions shall govern the sale and purchase of products through our website.
1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
1.3 This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).
2. Interpretation
2.1 In these terms and conditions:
(a) "we" means Ruth Ellen Samuels t/a Ruth Ellen Photography; and
(b) "you" means our customer or prospective customer,
and "us", "our" and "your" should be construed accordingly.
3. Order process
3.1 The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.
3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3 (unless as part of your signed Photography Contract and photo shoot assignment fee, you are entitled to a credit towards the cost of products purchased through this website).
3.3 To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping basket, then, from your shopping basket, proceed by clicking the CHECKOUT button; enter your details, then consent to all the terms listed (where there are tick boxes), the terms of this document, which includes your signed Photography Contract (if applicable) then click the NEXT button; from here you can check you are happy with the delivery cost that has been calculated for your order and the expected delivery time (if you are not happy, you can choose not to continue with your order), then, if your order has come to £0.00 as you have credit towards your order, click the, COMPLETE ORDER, button, (at which point your order will become a binding contract); if your order has a price to pay, click the NEXT button; choose your preferred payment method; if you choose to pay by card, you will be requested to enter your card details and the payment will be processed by Stripe when you click the SUBMIT PAYMENT button. If you choose to pay via PayPal you will then be transferred to the payment service provider's website where our payment service provider will handle your payment (there will be a link to return to our website); after your payment has been processed or the COMPLETE ORDER, button has been clicked, we will then send you a notification of order email (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order. The email to confirm we are unable to meet your order, may be sent after your notification of order email and at a later date. If you do not receive an email after the checkout process, please check your junk email box.
3.4 You will have the opportunity to identify and correct input errors prior to completing your order by checking what is in your shopping basket before completing your payment. If there are any errors, please remove the relevant products and / or amend the necessary quantities, and click the UPDATE ORDER button, to ensure your changes are saved. Please then check your order is correct once again. Repeat this process if necessary, until all the products in your basket are correct. Please ensure your email address is also correct (as this is where your order confirmation will be sent) and your postal address is correct as we may be unable to change this after your order has been processed and we are unable to re-send or refund your order if you have supplied an incorrect postal address and have not received your order. All of this can and must be checked before completing the checkout process which includes, clicking the COMPLETE ORDER button if the order is £0.00 or clicking the SUBMIT PAYMENT button if paying by card or completing payment on PayPal.
3.5 If your order contains a mix of products and digital downloads, please refer to both Terms and Conditions for Image Downloads and Goods Sale as both will apply.
3.6 If your order contains a high quantity and / or value, we may contact you before the order is processed, to confirm this is correct. We may need to cancel your order and suggest an alternative method to process your order.
3.7 It is your responsibility to ensure you have entered any, promo codes, before completing the checkout process. We are unable to provide a refund if this has not been actioned.
4. Products / Copyright / Licence
4.1 The following types of products are, or may be available on our website from time to time: photography prints, frames, albums and USB's.
4.2 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
4.3 The entire copyright in the Photographs / Images / Prints / Products is retained by Ruth Ellen Samuels t/a Ruth Ellen Photography at all times throughout the world.
4.4 Title to all Photographs / Images / Prints / Products remains the property of Ruth Ellen Samuels t/a Ruth Ellen Photography.
4.5 You acknowledge that we own all rights, copyrights, title and interest to the Photographs / Images / Prints / Products and you have no right to use any of them outside the express terms of this agreement.
4.6 Money paid to the us includes a fee for the grant of a licence in the terms of this agreement. The licence arises only after you have paid us the money due under this agreement.
4.7 The licence given to you is for personal use or displaying in a commercial property only. None of the products sold through this website are for re-sale. This is irrevocable, non-transferable and non-sub-licensable. For each use outside of the Licence, (including but not limited to, advertising, use in magazines) permission must be granted by us in writing and may be subject to a further fee and credit given to us. Permission must be granted by us in writing and the fee paid, before such further use.
4.8 The licence is restricted so that unless we give written authorisation, you may not copy, edit or manipulate any Photograph / Image / Print / Product created by us, nor permit any other person to do so, without our permission in writing.
4.9 So far as any goodwill is generated by your use of the Photographs / Images / Prints / Products it shall accrue to the benefit of us.
4.10 You may not sell any Images to third parties.
4.11 This statement applies to all work by us: Copyright Ruth Ellen Samuels, 2016 - 2020. Moral Rights Asserted. This work may not be reproduced without the permission of Ruth Ellen Samuels. www.ruthellenphotography.co.uk
5. Prices
5.1 Our prices are quoted on our website.
5.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
5.3 All amounts stated in these terms and conditions or on our website are stated exclusive of VAT. The prices listed on the website, is the price you will pay. There is no VAT breakdown as we are not VAT registered.
5.4 It is possible that prices and delivery charges on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you. You have the right to cancel your order if you do not wish to pay the amended prices.
5.5 In addition to the price of the products, you will have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.
6. Payments
6.1 You must, during the checkout process, pay the prices of the products you order.
6.2 Payments are made through Stripe. PayPal will only be used if Stripe is unavailable.
6.3 If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
6.4 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of GBP 10.00; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.4.
7. Deliveries
7.1 Our policies and procedures relating to the delivery of products are set out in this Section 7.
7.2 We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process. They will be delivered by Royal Mail, Royal Mail Signed For, Parcel Force or a Courier Service. The method of delivery is not something that you can choose, it depends on what is ordered. If it is being delivered by a Courier Service, you may receive a text message from the Courier with details of when your order will be delivered. Orders may arrive in multiple packages and on different days depending on what products you have ordered.
7.3 We will use reasonable endeavours to deliver your products on or before the expected delivery time period set out at the checkout process and shown in the order confirmation; however, we do not guarantee delivery by this date and we cannot be held liable for any consequential losses incurred, where deliveries are delayed.
7.4 We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days following the later of receipt of payment and the date of the order confirmation, with the exception of orders placed for commissioned Equine Photography sessions. For commissioned Equine Photography sessions, please allow at least 6 weeks for delivery from the point of payment and potentially longer at busy periods or due to supplier issues, to allow time for the Photographer to do final re-touching and editing to perfect your chosen images, submit your order to the suppliers and then manufacture and delivery. In all instances, please ensure your postal address is also correct before completing the payment process, as we may be unable to change this after an order has been processed and we are unable to re-send or refund your order if you have supplied an incorrect postal address and have not received your order.
7.5 Delivery charges will depend on the weight and size of the order and where it is being delivered. You will be able to see the delivery charge calculated for your order, before paying, so you can decide whether or not to proceed with the order.
7.6 If you have ordered prints from a gallery in the, CLIENT AREA section of the website, there may be a link to track your order in your notification of order email.
7.7 We deliver to the UK and Ireland only.
7.8 If you are not in when the order is delivered and it is too large to fit through the letterbox, it will either be left in a safe place or a card will be left advising of further action. If a signature is required, and you are not in, a card will be left advising of further action. If you have received a text message from the courier regarding the delivery time of your order, you will need to respond to this if you will not be in to receive your order.
8. Distance contracts: cancellation right for personalised and bespoke goods (ordering prints from a commissioned photo shoot session or an event in the CLIENT AREA section of the website)
8.1 This Section 8 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession or you are a business ordering prints from a commissioned photo shoot session and are paying for your prints through this website process.
8.2 You agree that we may process your order before the end of the 14-day cancellation period, and you acknowledges that, if the order has been processed before the end of that period, you will lose the right to cancel your order and will not be entitled to a refund or exchange. As these orders are for personalised goods, they cannot be returned or exchanged. You may try to withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time beginning upon the submission of your offer and ending at the end of 14 days after the day on which the contract is entered into, or before the lab starts processing your order (whichever comes first). In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 8, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form below in bold. This can be done by sending an email to, ruth@ruthellenphotography.co.uk with the subject title, "Cancel Order". Please then copy, paste and fill in the below statement highlighted in bold, into the email and send. Some orders placed on this website from a gallery in the, CLIENT AREA section, are directly and automatically sent to the printing lab, the Photographer is not involved with the print order process. Due to this, we cannot guarantee when the lab will start processing the order or how soon this cancellation notification or email that you send, can be actioned. Regardless of how the order is processed, if the lab has already started processing your order before we are able to notify them of the cancellation, or your order for a USB has been dispatched, you will lose the right to cancel.
To Ruth Ellen Photography, Lincoln, UK:
I hereby give notice that I cancel my contract of sale of the following order / goods (*please list the item and file name/s*):
Invoice Number:
Ordered on:
Received on:
Name of consumer:
Address of consumer:
Date:
8.3 If we have been able to cancel your order before the lab has started processing, or your USB has been dispatched, you will receive a full refund of the amount you paid to us in respect of the order, within 14 days, using the same method used to make the payment. In any case, you will not incur any fees as a result of the refund. This does not include an order where products that were purchased using credit from the photo shoot assignment fee or gift voucher – instead, a new promo code will be issued for credit towards a new order through this website.
8.4 You will not have any right to cancel the contract after the lab has started processing your order, as the contract relates to:
(a) the supply of non-prefabricated goods that are made on the basis of an individual choice of or decision by you, or goods that are clearly personalised;
8.5 If the print / image quality is poor because you have cropped the images before completing the checkout process, you will not be entitled to a refund as it is stated before you complete the checkout process, not to amend the crop and you have confirmed, that if you do so, it is at your own risk and you will not be entitled to a refund.
8.6 If you are dissatisfied with your print(s) due to quality or there is an issue, please contact us within 7 days of receiving your order to discuss, either by email to, ruth@ruthellenphotography.co.uk or telephone 07877 136500.
8.7 If there is an issue with the print quality i.e. there is a printer mark on the image that should not be there (not in relation to the image quality being poor as it has been cropped by you), you must notify us within 7 days, wait for our response, and then the following may apply:
(a) Proof of the defect may need to be sent to us, such as a photograph by email. We may then (or if you are unable to send a photograph by email) request the print to be delivered back to us by registered post within 14 days (using sufficient packaging so the item is not damaged in transit). If the print is faulty, we will bear the reasonable postage costs of you returning the product(s) such as Royal Mail 2nd Class Recorded Delivery, but will not refund any Next Day, Express or other premium component of delivery, and upon proof of the cost. We will refund this within 14 days of receiving the product, using the same payment method to purchase the product. Please obtain and keep the proof of postage.
(b) Once the product has been confirmed as faulty by ourselves, you can then choose, a replacement, at no additional cost or a full refund for the product(s) (unless credit was initially used from a gift voucher or as part of the photo shoot assignment fee, in which case, another credit will be provided for further purchases).
8.8 Please allow 2-7 working days after we have processed the refund, for a refund to appear in your PayPal account (if you paid by PayPal and have a PayPal account) or your bank account.
8.9 If you are provided with a promo code for credit towards the purchase of products through this website as part of your photo shoot assignment fee, no refund will be offered / given, if you do not wish to use it, or you do not use it before your gallery is removed or you have not used it in full.
9. Distance contracts: cancellation right for the purchase of products from the SHOP section on this website
9.1 Please see separate terms and conditions on the relevant website.
10. Risk and ownership
10.1 The products you purchase from us will be at your risk from the time that they come into your physical possession or the physical possession of a person identified by you to take possession of the products.
10.2 Ownership of a product that you purchase from us will pass to you upon the later of:
(a) delivery of the product; and
(b) receipt by us in cleared funds of all amounts due in respect of the product (including delivery charges).
10.3 Until ownership of a product has passed to you, you will possess the product as our fiduciary agent and bailee.
11. Warranties and representations
11.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions;
(c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
(d) you will be able to take delivery of the products in accordance with these terms and conditions.
11.2 We warrant to you that:
(a) we have the right to sell the products that you buy;
(b) the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
(c) you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;
(d) the products you buy will correspond to any description published on our website; and
(e) the products you buy will be of satisfactory quality.
11.3 All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 12.1, all other warranties and representations are expressly excluded.
12. Limitations and exclusions of liability
12.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
12.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.5 We will not be liable to you in respect of any loss or corruption of any data, database or software.
12.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
12.7 Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the total amount paid and payable to us under the contract.
13. Scope
13.1 These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).
14. Variation
14.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
14.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
15. Assignment
15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
16. No waivers
16.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
16.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that contract.
17. Severability
17.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
17.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
18. Third party rights
18.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
18.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
19. Entire agreement
19.1 Subject to Section 12.1, these terms and conditions, together with our signed Photography Contract (if applicable) and terms with the tick boxes during the checkout process, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.
20. Law and jurisdiction
20.1 These terms and conditions shall be governed by and construed in accordance with English law.
20.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.
21. Statutory and regulatory disclosures
21.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
21.2 These terms and conditions are available in the English language only.
22. Our details
22.1 This website is owned and operated by Ruth Ellen Samuels
22.2 Our principal place of business is at, Bay Tree House, Chapel Lane, Harmston, Lincoln, LN5 9TB.
22.3 You can contact us by writing to the address given above, by using our website contact form, by telephone on 07877 136500 or by email to ruth@ruthellenphotography.co.uk.
23. Complaints: Online dispute resolution
23.1 If you are unable to settle a dispute with us, you may also seek resource through the EU’s online dispute resolution platform. You can visit the platform at, http://ec.europa.eu/consumers/odr/ . Please use rruth@ruthellenphotography.co.uk as our contact email in the platform.
Privacy Policy and Cookies
Privacy Policy for the Use of this Website (more Privacy Policies further below)
Your Personal Data:
What we need
This website will be what is known as the "Controller" of the personal data you provide to us, which may include name, address, email and so on.
Why we need it
Your data is collected primarily for fulfilment of your orders and relaying of messages you send through this website.
What we do with it
Your data provided to this website is relayed to the website owner, and is archived by the website service provider Theimagefile.com. The service provider data archive exists primarily in Ireland with backups in the United States.
How long we keep it
Your online order data is stored for a number of years as required by tax law. Some aspects of your online order data can be anonymised at your request and to the extent allowable by law. Your other non-order data (i.e. marketing or messaging data) can be deleted or anonymised at your request, as per requirements of General Data Protection Regulation (GDPR). You may also unsubscribe from marketing communications at any time.
What are your rights?
If at any point you believe the information we process on you is incorrect, you may request to see this information and even have it corrected or deleted. If you wish to raise a complaint on how we have handled your personal data, you can contact our Data Protection Officer who will investigate the matter. Unless otherwise stated in this document, the managing director of this website acts as the EU Data Protection Officer (DPO) and can be reached from the contact page of this website.
If you are not satisfied with our response or believe we are processing your personal data not in accordance with the law you can complain to the Information Commissioner's Office (ICO).
What are cookies?
Cookies are small pieces of data, stored in text files, that are stored on your computer or other device when websites are loaded in a browser. They are widely used to "remember" you and your preferences, either for a single visit (through a "session cookie") or for multiple repeat visits (using a "persistent cookie"). They ensure a consistent and efficient experience for visitors, and perform essential functions such as allowing users to register and remain logged in. Cookies may be set by the site that you are visiting (known as "first party cookies"), or by other websites who serve up content on that site ("third party cookies").
Cookies on this website
This website uses cookies for a variety of different purposes. These include those that are "strictly necessary" for technical reasons; those that enable a personalized experience for visitors and registered users; and those that interact with selected third party networks. Some of these cookies may be set when a page is loaded, or when a visitor takes a particular action, such as clicking a "like" button. Below is a description of each category of cookies that are in use, along with specific examples.
Strictly Necessary
These are the cookies that are essential for websites to perform their basic functions. These include those required to allow registered users to authenticate and perform account related functions, as well as to save the contents of virtual "carts" on sites that have an e-commerce functionality:
sid - temporary session cookie identifier, used for login sessions and shopping cart
tif_cem - temporary session cookie for current email, used for secure albums requiring email login
tx1_EGS - temporary session cookie storing search term for album searches
tx1_fmm - temporary session cookie allowing viewing desktop site from mobile & vice versa
Unless otherwise noted below, we do not use persistent cookies, nor cookies for optional functionality, AB testing, performance, advertising and so on.
Third Party/Embedded Content
This website may make use of different third party applications and services to enhance the experience of website visitors. These include social media platforms such as Facebook and Twitter (through the use of sharing buttons), or embedded content from YouTube and Vimeo, or tracking services such as Google Analytics. As a result, cookies may be set by these third parties, and used by them to track your online activity. We have no direct control over the information that is collected by these cookies.
Controlling cookies
Visitors may wish to restrict the use of cookies, or completely prevent them from being set. Most browsers provide for ways to control cookie behaviour such as the length of time they are stored - either through built-in functionality or by utilizing third party plugins.
To find out more on how to manage and delete cookies, visit aboutcookies.org. For more details on advertising cookies, and how to manage them, visit youronlinechoices.eu (EU based) or aboutads.info (US based).
It's important to note that restricting or disabling the use of cookies can limit the functionality of sites, or prevent them from working correctly at all.
Web beacons and other tracking technologies
Both websites and HTML e-mails may also contain other tracking technologies such as "web beacons". These are typically small transparent images that provide us with statistics, for similar purposes as cookies. They are often used in conjunction with cookies, though they are not stored on your computer in the same way. As a result, if you disable cookies, the web beacons may still load, but their functionality will be restricted.
Photographer's Privacy Policy
Any information and / or personal data that the Photographer keeps is collected primarily for fulfilment of your orders, services and relaying of messages and this only occurs if you make contact with the Photographer through the contact page on this website, through the Photographer's social media sites, by telephone or place an order through this website. Information held, will only be that, which you have provided. Order data is stored for a number of years as required by tax law. Your details will only be forwarded to third party suppliers to fulfil your order/s if relevant.
Ruth Ellen Photography uses externally hosted third parties to manage and administer your enquiry / account, including the Website controller (privacy policy mentioned above), Business Management Software controller, Mailchimp for marketing, Email and Payment Providers.
None of the externally hosted third parties will forward your data to third parties or use it for marketing purposes.
Ruth Ellen Photography will not contact you for marketing purposes unless you have specifically subscribed to marketing material (administered via Mailchimp), which you can unsubscribe to at any time by emailing, ruth@ruthellenphotography.co.uk, by clicking on the "unsubscribe" link on emails received via Mailchimp from Ruth Ellen Photography or clicking the "Unsubscribe" link on the website footer.
From time to time, if you have added items to your basket in the on-line galleries and have entered your email address but not completed the checkout, you may be sent an email advising of incomplete checkout. If you do not wish to receive these emails, please do not add your email address.
In some instances, a photograph can constitute as personal data. Ruth Ellen Photography will never take a photograph as a means of identification unless contracted to do so. Any person captured in a photograph as part of an event for example, are done so in legitimate interest. The event organisers should advise their guests beforehand, that a Photographer will be at the event and if any guests have any concerns about the processing of their personal data (photographic image), they must contact the Photographer before the event takes place.
We are not responsible for the privacy policies of linked websites on this website. You should view each websites own privacy policy as these may differ from our own.
If you wish for any of your data to be deleted, subject to applicable laws, or you would like to know what data we have on file for you, please contact, ruth@ruthellenphotography.co.uk.
Bay Tree House, Chapel Lane, Harmston, Lincoln, LN5 9TB.
Ownership & Copyright
The contents of this website are owned by Ruth Ellen Samuels. The content including each and every photograph are protected by copyright and trade mark law and other related intellectual property rights. Copyright in the photographs is owned by Ruth Ellen Samuels. Ruth Ellen Samuels' photographs are also protected by moral rights. Ruth Ellen Samuels asserts her moral right to be identified as the author wherever and whenever her photographs are copied or distributed by any means.
Use of Ruth Ellen Samuels' Website and Photographs
No part of Ruth Ellen Samuels website and photographs may be copied or distributed by any means without the explicit written permission of Ruth Ellen Samuels. Those wishing to copy or distribute material from this website should contact Ruth Ellen Samuels using the contact form on this website.
Terms & Conditions of Use
1. Introduction
1.1 These terms and conditions govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you make a purchase on our website, we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 18 years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our Privacy and Cookies policy.
2. Copyright notice
2.1 Copyright (c) 2016 - 2020 Ruth Ellen Samuels t/a Ruth Ellen Photography.
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
3. Licence to use website
3.1 You may:
(a) view pages from our website in a web browser;
(b) purchase products through this website;
subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
3.6 Notwithstanding Section 3.5, you may redistribute our emailed newsletter in electronic form to any person.
3.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
4. Acceptable use
4.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means;
(f) violate the directives set out in the robots.txt file for our website; or
(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
5. Products
5.1 The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.
5.2 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
5.3 Prices stated on our website may be stated incorrectly.
5.4 The sale and purchase of products through our website, and the licensing of those products, will be subject to all the terms listed before completing payment at the checkout process (where there are tick boxes) and the Goods Sale Terms and Conditions, and we will ask you to agree to the terms of those documents each time you make a purchase on our website.
6. Report abuse
6.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
6.2 You can let us know by email to, ruth@ruthellenphotography.co.uk.
7. Limited warranties
7.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
7.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent that these terms and conditions expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
7.3 To the maximum extent permitted by applicable law and subject to Section 8.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
8. Limitations and exclusions of liability
8.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
8.2 The limitations and exclusions of liability set out in this Section 8 and elsewhere in these terms and conditions:
(a) are subject to Section 8.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
8.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
8.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
8.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
8.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
8.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
9. Breaches of these terms and conditions
9.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your gallery (if applicable) on our website.
12.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
10. Third party websites
10.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
10.2 We have no control over third party websites and their contents, and subject to Section 8.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
10.3 Permission must be granted in writing from Ruth Ellen Samuels, if you wish to use a link to this website. Please email to ask for permission to, ruth@ruthellenphotography.co.uk.
11. Variation
11.1 We may revise these terms and conditions from time to time.
11.2 The revised terms and conditions will apply to the use of our website from the date of their publication on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the terms and conditions.
12. Assignment
12.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
12.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
13. Severability
13.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
13.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
14. Third party rights
14.1 These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.
14.2 The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.
15. Entire agreement
15.1 Subject to Section 8.1, these terms and conditions, together with our privacy and cookies policy, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements between you and us in relation to your use of our website.
16. Law and jurisdiction
16.1 These terms and conditions shall be governed by and construed in accordance with English law.
16.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.
17. Our details
17.1 This website is owned and operated by Ruth Ellen Samuels
17.2 Our principal place of business is at, Bay Tree House, Chapel Lane, Harmston, Lincoln, LN5 9TB.
17.3 You can contact us by writing to the business address given above, by using our website contact form, by telephone on 07877 136500 or by email to ruth@ruthellenphotography.co.uk.
Goods Sale Terms and Conditions for Online Orders
1. Introduction
1.1 These terms and conditions shall govern the sale and purchase of products through our website.
1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
1.3 This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).
2. Interpretation
2.1 In these terms and conditions:
(a) "we" means Ruth Ellen Samuels t/a Ruth Ellen Photography; and
(b) "you" means our customer or prospective customer,
and "us", "our" and "your" should be construed accordingly.
3. Order process
3.1 The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.
3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
3.3 To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping basket, then, from your shopping basket, proceed by clicking the CHECKOUT button; enter your details, then consent to all the terms listed (where there are tick boxes), the terms of this document, then click the NEXT button; from here you can check you are happy with the delivery cost that has been calculated for your order and the expected delivery time (if you are not happy, you can choose not to continue with your order), then, if your order has come to £0.00 as you have credit towards your order or are being invoiced to pay at a later date, click the, COMPLETE ORDER, button, (at which point your order will become a binding contract); if your order has a price to pay, click the NEXT button; if you are paying by card, you will be requested to enter your card details and the payment will be processed by Stripe when you click the SUBMIT PAYMENT button. If you are paying via PayPal you will then be transferred to the payment service provider's website where our payment service provider will handle your payment (there will be a link to return to our website); after your payment has been processed or the COMPLETE ORDER, button has been clicked, we will then send you a notification of order email (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order. The email to confirm we are unable to meet your order, may be sent after your notification of order email and at a later date. If you do not receive an email after the checkout process, please check your junk email box.
3.4 You will have the opportunity to identify and correct input errors prior to making your order by checking what is in your shopping basket before completing your payment. If there are any errors, please remove the relevant products and / or amend the necessary quantities, and click the UPDATE ORDER button, to ensure your changes are saved. Please then check your order is correct once again. Repeat this process if necessary, until all the products and quantities in your basket are correct. Please ensure your email address is also correct (as this is where your order confirmation will be sent) and your postal address is correct as we may be unable to change this after your order has been processed and we are unable to re-send or refund your order if you have supplied an incorrect postal address and have not received your order. All of this can and must be checked before completing the checkout process which includes, clicking the COMPLETE ORDER button if the order is £0.00 or clicking the SUBMIT PAYMENT button if paying by card or completing payment on PayPal.
3.5 If your order contains a high quantity and / or value, we may contact you before the order is processed, to confirm this is correct. We may need to cancel your order and / or suggest an alternative method to process your order.
3.6 We may be unable to combine orders of different products on our website, as they may be dealt with separately. If this is the case you will be notified when adding a product to your basket and you will need to complete the checkout process separately.
3.7 Prints may be printed to order or sent from our own stock. If they are being printed to order, once you have completed the checkout process, your order and delivery details will then be sent direct to the printing lab or will be processed on the printing labs own website. By making payment, you confirm that you are happy for your print order to be processed in any of these ways.
3.8 It is your responsibility to ensure you have entered any, promo codes, before completing the checkout process. We are unable to provide a refund if this has not been actioned.
4. Products / Copyright / Licence
4.1 The following types of products are, or may be available on our website from time to time: photography prints, frames, mounted prints and greeting cards.
4.2 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
4.3 The entire copyright in the Photographs / Images / Prints / Products is retained by Ruth Ellen Samuels t/a Ruth Ellen Photography at all times throughout the world.
4.4 Title to all Photographs / Images / Prints / Products remains the property of Ruth Ellen Samuels t/a Ruth Ellen Photography.
4.5 You acknowledge that we own all rights, copyrights, title and interest to the Photographs / Images / Prints / Products and you have no right to use any of them outside the express terms of this agreement.
4.6 Money paid to us includes a fee for the grant of a licence in the terms of this agreement. The licence arises only after you have paid us the money due under this agreement.
4.7 The licence given to you is for personal use or displaying in a commercial property only. Greetings cards can be sent for business purposes, but none of the products sold through this website are for re-sale unless agreed prior to purchase which may be subject to a further contract which will already have been agreed. This is irrevocable, non-transferable and non-sub-licensable. For each use outside of the Licence, (including but not limited to, advertising, use in magazines) permission must be granted by us in writing and may be subject to a further fee and credit given to us. Permission must be granted by us in writing and the fee paid, before such further use.
4.8 The licence is restricted so that unless we give written authorisation, you may not copy, edit or manipulate any Photograph / Image / Print / Product created by us, nor permit any other person to do so, without our permission in writing.
4.9 So far as any goodwill is generated by your use of the Photographs / Images / Prints / Products it shall accrue to the benefit of us.
4.10 You may not sell any Images / Products to third parties unless agreed prior to purchase which may be subject to a further contract which will already have been agreed.
4.11 This statement applies to all work by us: Copyright Ruth Ellen Samuels, 2016 - 2020. Moral Rights Asserted. This work may not be reproduced without the permission of Ruth Ellen Samuels. www.ruthellenphotography.co.uk
5. Prices
5.1 Our prices are quoted on our website.
5.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
5.3 All amounts stated in these terms and conditions or on our website are stated exclusive of VAT. The prices listed on the website, is the price you will pay. There is no VAT breakdown as we are not VAT registered.
5.4 It is possible that prices and delivery charges on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you. You have the right to cancel your order if you do not wish to pay the amended prices.
5.5 In addition to the price of the products, you will have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.
6. Payments
6.1 You must, during the checkout process, pay the prices of the products you order.
6.2 Payments are made through Stripe. PayPal will only be used if Stripe is unavailable.
6.3 If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
6.4 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of GBP 10.00; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.4.
7. Credit accounts
7.1 If we agree to open a business account for you, you will be able to pay in arrears, in accordance with the provisions of this Section 7.
7.2 If you hold an account, then upon or following the dispatch of products, we will send to you an invoice for payment of the price of those products, and you will pay such invoice within 30 days following the date of our invoice.
7.3 Business accounts will be subject to such credit limits as we may notify to you from time to time.
7.4 If you do not pay to us any amount properly due under or in connection with these terms and conditions in full and on time, we may:
(a) charge you interest on the overdue amount at the rate of 8% per year above the Bank of England base rate (which interest will accrue daily until the date of payment and be compounded at the end of each calendar month); or
(b) claim interest and statutory compensation from you pursuant to the Late Payment of Commercial Debts (Interest) Act 1998,
without prejudice to our other legal rights or rights under these terms and conditions.
8. Deliveries
8.1 Our policies and procedures relating to the delivery of products are set out in this Section 8.
8.2 We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process. They will be delivered by Royal Mail, Royal Mail Signed For, Parcel Force or a Courier Service. The method of delivery is not something that you can choose, it depends on what is ordered. If it is being delivered by a Courier Service, you may receive a text message from the Courier with details of when your order will be delivered. Orders may arrive in multiple packages and on different days depending on what products you have ordered.
8.3 We will use reasonable endeavours to deliver your products on or before the expected delivery time period set out at the checkout process and shown in the order confirmation; however, we do not guarantee delivery by this date and we cannot be held liable for any consequential losses incurred, where deliveries are delayed.
8.4 We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days following the later of receipt of payment and the date of the order confirmation. In all instances, please ensure your postal address is correct before completing the payment process, as we may be unable to change this after an order has been processed and we are unable to re-send or refund your order if you have supplied an incorrect postal address and have not received your order.
8.5 We will only deliver products to the UK.
8.6 If you are not in when the order is delivered and it is too large to fit through the letterbox, it will either be left in a safe place or a card will be left advising of further action. If a signature is required, and you are not in, a card will be left advising of further action. If you have received a text message from the courier regarding the delivery time of your order, you will need to respond to this if you will not be in to receive your order.
9. Distance contracts: cancellation right
9.1 This Section 9 applies if and only if you offer to contract with us as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession, or a business purchasing prints to display in the business premises or purchasing greeting cards to send for business purposes. This does not apply to wholesale customers (businesses which have purchased items for re-sale).
9.2 You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period:
(a) beginning upon the submission of your offer; and
(b) ending at the end of 14 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the contract is for delivery of multiple products, lots or pieces of something, 14 days after the day on which the last of those products, lots or pieces comes into your physical possession or the physical possession of a person identified by you to take possession of them).
9.3 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 9, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us by using the cancellation form below in bold. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired. This can be done by sending an email to, ruth@ruthellenphotography.co.uk with the subject title, "CANCEL ORDER". Please then copy, paste and fill in the below statement highlighted in bold, into the email and send.
To Ruth Ellen Photography, Lincoln, UK:
I hereby give notice that I cancel my contract of sale of the following order / goods (*please list the item and file name/s*):
Invoice Number:
Ordered on:
Received on:
Name of consumer:
Address of consumer:
Date:
9.4 If prints are being printed to order, once you have completed the checkout process, your order and delivery details are then either sent directly to the printing lab or are processed on the printing labs own website. We cannot guarantee when the lab will start processing the order or how soon this cancellation notification or email that you send, can be actioned, and therefore if the lab has already started processing your order before we are able to notify them, your order will still be dispatched and delivered to you. In this instance, even if you cancel your order before you have received it, your order will still be delivered and you must pay the direct cost of returning the products and as this is at your own risk, it is recommended that these are sent back by registered post. If your order for any products has been dispatched before we can action / receive your cancellation notification, your order will still be delivered and you must pay the direct cost of returning the products and as this is at your own risk, it is recommended that these are sent back by registered post. In all instances, please obtain and keep the proof of postage.
9.5 If you cancel a contract on the basis described in this Section 9, you must send the products back to us at, Ruth Ellen Photography, Bay Tree House, Chapel Lane, Harmston, Lincoln, LN5 9TB, or hand them over to us or a person authorised by us to receive them. The package must contain a slip of paper detailing, the name and address on the order, invoice number, date the order was made and the reason for the return, with the product in the original condition and sufficient packaging, so the item/s do not get damaged during transit (if sufficient packaging has not been used and the item has been damaged, we will reduce your refund to reflect the diminished value or not refund you if the item is not fit for re-sale due to your negligence). If you return a product(s) without sufficient information for us to track back where the return has come from, within the package, we will not be able to refund you. You must comply with your obligations referred to in this Section 9 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products and as this is at your own risk, it is recommended that these are sent back by registered post. Please obtain and keep the proof of postage.
9.6 If you cancel an order or part of an order in accordance with this Section 9, you will receive a refund for the relevant amount. If products being returned were part of a bulk buy offer, the amount refunded will depend on the new value of the products you are keeping. If you return all products from an order you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you, except:
(a) if you chose a kind of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; and
(b) as otherwise provided in this Section 9.
9.7 If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be "beyond what is necessary to establish the nature, characteristics and functioning of the products" for these purposes. Such as but not limited to, the edges of a print have been damaged and are not in their original condition.
9.8 We will refund money using the same method used to make the payment. In any case, you will not incur any fees as a result of the refund.
9.9 Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 9 within the period of 14 days after the day on which we receive the returned product(s) or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation and have managed to cancel the order before the lab started processing the order (if applicable) or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.
9.10 If you wish to purchase a different product, print and / or size, you will need to place a new order.
9.11 If you are dissatisfied with your product(s) due to quality or there is an issue, please contact us within 7 days of receiving your order to discuss, either by email to, ruth@ruthellenphotography.co.uk or telephone 07877 136500. The following will then apply:
(a) Proof of the defect will need to be sent to us, such as a photograph by email. We may then (or if you are unable to send a photograph by email) request the product(s) to be delivered back to us by registered post within 14 days (using sufficient packaging so the item is not damaged in transit). If the product(s) is faulty, we will bear the reasonable postage costs of you returning the product(s) such as Royal Mail 2nd Class Recorded Delivery, but will not refund any Next Day, Express or other premium component of delivery, and upon proof of the cost. We will refund this within 14 days of receiving the product. Please obtain and keep the proof of postage.
(b) Once the product has been confirmed as faulty by ourselves, you can then choose, a replacement, at no additional cost or a full refund for the product(s).
9.13 Please allow 2-7 working days after we have processed the refund, for a refund to appear in your bank account or PayPal account (if you paid by PayPal and have a PayPal account).
9.14 You will not have any right to cancel a contract as described in this Section 9 insofar as the contract relates to:
(a) the supply of non-prefabricated goods that are made on the basis of an individual choice of or decision by you, or goods that are clearly personalised. This includes items you choose to have framed and prints that are not offered as standard and have been offered to you via a special emailed link on your request.
10. Risk and ownership
10.1 The products you purchase from us will be at your risk from the time that they come into your physical possession or the physical possession of a person identified by you to take possession of the products.
10.2 Ownership of a product that you purchase from us will pass to you upon the later of:
(a) delivery of the product; and
(b) receipt by us in cleared funds of all amounts due in respect of the product (including delivery charges).
10.3 Until ownership of a product has passed to you, you will possess the product as our fiduciary agent and bailee.
10.4 If you are a business customer, then until ownership of a product has passed to you:
(a) you must store the product separately from other goods; and
(b) you must ensure that the product is clearly identifiable as belonging to us.
11. Warranties and representations
11.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions;
(c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
(d) you will be able to take delivery of the products in accordance with these terms and conditions.
11.2 We warrant to you that:
(a) we have the right to sell the products that you buy;
(b) the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
(c) you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;
(d) the products you buy will correspond to any description published on our website; and
(e) the products you buy will be of satisfactory quality.
11.3 All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 12.1, all other warranties and representations are expressly excluded.
12. Limitations and exclusions of liability
12.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
12.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.5 We will not be liable to you in respect of any loss or corruption of any data, database or software.
12.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
12.7 Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the total amount paid and payable to us under the contract.
13. Order cancellation
13.1 We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:
(a) you fail to pay, on time and in full, any amount due to us under that contract; or
(b) you commit any breach of that contract.
13.2 You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any breach of that contract.
13.3 If you are a business customer, we may cancel a contract under these terms and conditions by written notice to you if:
(a) you cease to trade;
(b) you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you;
(c) a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court;
(d) the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented, or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or
(e) any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors.
13.4 We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.
14. Consequences of order cancellation
14.1 If a contract under these terms and conditions is cancelled in accordance with Section 13:
(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
(b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and
(c) all the other provisions of these terms and conditions will cease to have effect, except that Sections 1.3, 6.4, 7.2, 7.4, 10, 12, 17, 18, 19, 20, 21 and 22 will survive termination and continue in effect indefinitely.
15. Scope
15.1 These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.
15.2 These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.
15.3 These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).
16. Variation
16.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
16.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
17. Assignment
17.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
17.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
18. No waivers
18.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
18.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that contract.
19. Severability
19.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
19.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
20. Third party rights
20.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
20.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
21. Entire agreement
21.1 Subject to Section 12.1, these terms and conditions, together with our terms with the tick boxes during the checkout process, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products, except;
(a) if you are a business customer, your previously and most recently signed agreement for product purchases for re-sale, will also apply.
22. Law and jurisdiction
22.1 These terms and conditions shall be governed by and construed in accordance with English law.
22.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.
23. Statutory and regulatory disclosures
23.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
23.2 These terms and conditions are available in the English language only.
24. Our details
24.1 This website is owned and operated by Ruth Ellen Samuels
24.2 Our principal place of business is at, Bay Tree House, Chapel Lane, Harmston, Lincoln, LN5 9TB.
24.3 You can contact us by writing to the address given above, by using our website contact form, by telephone on 07877 136500 or by email to ruth@ruthellenphotography.co.uk.
25. Complaints: Online dispute resolution
25.1 If you are unable to settle a dispute with us, you may also seek resource through the EU’s online dispute resolution platform. You can visit the platform at, http://ec.europa.eu/consumers/odr/ . Please use ruth@ruthellenphotography.co.uk as our contact email in the platform.
26. Donations to the PSP Association
26.1 For each item sold a donation will be made to the PSP Association, Registered Charity No. in England and Wales 1037087 and Scotland SCO41199, website, www.pspassociation.org.uk
26.2 If any products are returned, this donation will not be made. These donations may be altered to reflect a change in price or manufacture costs (a change of donation will apply to orders made at any time following the time of the revision, but will not affect the donation amount for orders placed, before the time of the revision).
Privacy Policy and Cookies
Privacy Policy for the Use of this Website (more Privacy Policies further below)
Your Personal Data:
What we need
This website will be what is known as the "Controller" of the personal data you provide to us, which may include name, address, email and so on.
Why we need it
Your data is collected primarily for fulfilment of your orders and relaying of messages you send through this website.
What we do with it
Your data provided to this website is relayed to the website owner, and is archived by the website service provider Theimagefile.com. The service provider data archive exists primarily in Ireland.
How long we keep it
Your online order data is stored for a number of years as required by tax law. Some aspects of your online order data can be anonymised at your request and to the extent allowable by law. Your other non-order data (i.e. marketing or messaging data) can be deleted or anonymised at your request, as per requirements of General Data Protection Regulation (GDPR). You may also unsubscribe from marketing communications at any time.
What are your rights?
If at any point you believe the information we process on you is incorrect, you may request to see this information and even have it corrected or deleted. If you wish to raise a complaint on how we have handled your personal data, you can contact our Data Protection Officer who will investigate the matter. Unless otherwise stated in this document, the managing director of this website acts as the EU Data Protection Officer (DPO) and can be reached from the contact page of this website.
If you are not satisfied with our response or believe we are processing your personal data not in accordance with the law you can complain to the Information Commissioner's Office (ICO).
What are cookies?
Cookies are small pieces of data, stored in text files, that are stored on your computer or other device when websites are loaded in a browser. They are widely used to "remember" you and your preferences, either for a single visit (through a "session cookie") or for multiple repeat visits (using a "persistent cookie"). They ensure a consistent and efficient experience for visitors, and perform essential functions such as allowing users to register and remain logged in. Cookies may be set by the site that you are visiting (known as "first party cookies"), or by other websites who serve up content on that site ("third party cookies").
Cookies on this website
This website uses cookies for a variety of different purposes. These include those that are "strictly necessary" for technical reasons; those that enable a personalized experience for visitors and registered users; and those that interact with selected third party networks. Some of these cookies may be set when a page is loaded, or when a visitor takes a particular action, such as clicking a "like" button. Below is a description of each category of cookies that are in use, along with specific examples.
Strictly Necessary
These are the cookies that are essential for websites to perform their basic functions. These include those required to allow registered users to authenticate and perform account related functions, as well as to save the contents of virtual "carts" on sites that have an e-commerce functionality:
sid - temporary session cookie identifier, used for login sessions and shopping cart
tif_cem - temporary session cookie for current email, used for secure albums requiring email login
tx1_EGS - temporary session cookie storing search term for album searches
tx1_fmm - temporary session cookie allowing viewing desktop site from mobile & vice versa
tx1_vprefp - persistent cookie remembering your preference when you close certain notifications on this website (Cookie Bar, Announcement Bar, and related)
Unless otherwise noted below, we do not use cookies for optional functionality, AB testing, performance, advertising and so on.
Third Party/Embedded Content
This website may make use of different third party applications and services to enhance the experience of website visitors. These include social media platforms such as Facebook and Twitter (through the use of sharing buttons), or embedded content from YouTube and Vimeo, or tracking services such as Google Analytics. As a result, cookies may be set by these third parties, and used by them to track your online activity. We have no direct control over the information that is collected by these cookies.
Controlling cookies
Visitors may wish to restrict the use of cookies, or completely prevent them from being set. Most browsers provide for ways to control cookie behaviour such as the length of time they are stored - either through built-in functionality or by utilizing third party plugins.
To find out more on how to manage and delete cookies, visit aboutcookies.org. For more details on advertising cookies, and how to manage them, visit youronlinechoices.eu (EU based) or aboutads.info (US based).
It's important to note that restricting or disabling the use of cookies can limit the functionality of sites, or prevent them from working correctly at all.
Web beacons and other tracking technologies
Both websites and HTML e-mails may also contain other tracking technologies such as "web beacons". These are typically small transparent images that provide us with statistics, for similar purposes as cookies. They are often used in conjunction with cookies, though they are not stored on your computer in the same way. As a result, if you disable cookies, the web beacons may still load, but their functionality will be restricted.
Photographer's Privacy Policy
Any information and / or personal data that the Photographer keeps is collected primarily for fulfilment of your orders, services and relaying of messages and this only occurs if you make contact with the Photographer through the contact page on this website, through the Photographer's social media sites, by telephone or place an order through this website. Information held, will only be that, which you have provided. Order data is stored for a number of years as required by tax law. Your details will only be forwarded to third party suppliers to fulfil your order/s if relevant.
Ruth Ellen Photography uses externally hosted third parties to manage and administer your enquiry / account, including the Website controller (privacy policy mentioned above), Business Management Software controller, Mailchimp for marketing, Email and Payment Providers.
None of the externally hosted third parties will forward your data to third parties or use it for marketing purposes.
Ruth Ellen Photography will not contact you for marketing purposes unless you have specifically subscribed to marketing material (administered via Mailchimp), which you can unsubscribe to at any time by emailing, ruth@ruthellenphotography.co.uk, by clicking on the "unsubscribe" link on emails received via Mailchimp from Ruth Ellen Photography or clicking the "Unsubscribe" link on the website footer.
From time to time, if you have added items to your basket and have entered your email address but not completed the checkout, you may be sent an email advising of incomplete checkout. If you do not wish to receive these emails, please do not add your email address.
In some instances, a photograph can constitute as personal data. Ruth Ellen Photography will never take a photograph as a means of identification unless contracted to do so. Any person captured in a photograph, are done so in legitimate interest.
We are not responsible for the privacy policies of linked websites on this website. You should view each websites own privacy policy as these may differ from our own.
If you wish for any of your data to be deleted, subject to applicable laws, or you would like to know what data we have on file for you, please contact, ruth@ruthellenphotography.co.uk.
Bay Tree House, Chapel Lane, Harmston, Lincoln, LN5 9TB.
Ownership & Copyright
The contents of this website are owned by Ruth Ellen Samuels. The content including each and every photograph are protected by copyright and trade mark law and other related intellectual property rights. Copyright in the photographs is owned by Ruth Ellen Samuels. Ruth Ellen Samuels' photographs are also protected by moral rights. Ruth Ellen Samuels asserts her moral right to be identified as the author wherever and whenever her photographs are copied or distributed by any means.
Use of Ruth Ellen Samuels' Website and Photographs
No part of Ruth Ellen Samuels website and photographs may be copied or distributed by any means without the explicit written permission of Ruth Ellen Samuels. Those wishing to copy or distribute material from this website should contact Ruth Ellen Samuels using the contact form on this website.