Online Terms and Conditions

OUR TERMS & CONDITIONS

These are our ONLINE terms and conditions between us as a business and you as the consumer for the Provision of our services

These terms and conditions form the basis on which you can visit and use our website and govern the contract we have with you for the provision of our services. Please read them carefully as they contain important information which you must read before entering into a formal contract with us.

General terms and conditions

This site is owned and operated by David Wheater Photography of 13 Hallcroft Park, Ratho, Newbridge, Edinburgh EH28 8SE. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at david@davidwheater.com or call us on +44 (0)7400 705 357.

1. The contract between us

We must receive payment of the whole of the price for the services that you order before your order can be accepted. Payment of the price for the services represents an offer on your part to purchase the services, which will be accepted by us only when a confirmation of acceptance is sent by us. Only at this point is a legally binding contract created between us.

2. Acknowledgement of your order

To enable us to process your order, you will need to provide us with your e-mail address. We will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us.

3. Ownership of rights

All rights, including copyright, in this website are owned by or licensed to David Wheater Photography. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.

4. Accuracy of content

We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all services have been described accurately.

5. Damage to your computer

We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.

6. Availability

The services will be provided within an agreed timescale, and time is not of the essence of the contract.

7. Ordering errors

You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.

8. Price

The prices payable for services that you order are as set out on our website. Where applicable, all prices are inclusive of VAT at the current rates and are correct at the time of entering information.

9. Payment terms

We will take payment upon receipt of your order from your credit or debit card. We accept no liability if our services are delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the services from you, then we can refuse to process your order and/or suspend any further services. This does not affect any other rights we may have.

10. Cancellation rights

10.1 Where you are a consumer as defined in The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you have the legal right to cancel your order up to 14 calendar days after the day on which the contract is entered into (the Cancellation Period). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty (unless we have begun the services within the Cancellation Period in accordance with clause 10.5)

10.2 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 do not apply if the services you have ordered are of a gambling, banking, credit, insurance, personal pension, investment or payment nature.

10.3 In accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you cannot cancel your contract if the services you have ordered are passenger transport services, services (other than the supply of water, gas, electricity or heating) for which the price is dependent on fluctuations in the financial market, urgent repairs or maintenance where you have specifically requested a visit, accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities (if the contract provides for a specific date or period of performance).

10.4 Should you wish to cancel your order, you can use the cancellation form provided at the end of these terms and conditions, or alternatively you can notify us in writing by any durable medium (for example letter sent by post, fax or e-mail).

10.5 If you require us to begin the services within the Cancellation Period we require you to make an express request to do so. In such cases, your right to cancel continues until either the end of the Cancellation Period, or the completion of the services, whichever is the earlier. If you cancel during the Cancellation Period we may charge you for any services provided up until the point when we receive your cancellation notice, and will provide a partial and proportionate refund accordingly. Your right to cancel the services will no longer apply once the services have been fully performed.

11. Cancellation by us

11.1 We reserve the right not to process your order if:

11.1.1 We have insufficient staff or resources to deliver the services you have ordered;

11.1.2 We do not provide services to your area; or

11.1.3 One or more of the services you ordered was listed at an incorrect price due to a typographical error.

11.2 If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 14 days.

12. If there is a problem with the services

12.1 If you have any questions or complaints about the services please contact us. You can do so by emailing us at david@davidwheater.com or telephoning us +44 (0)7400 705 357.

12.2 We are under a legal duty to supply services that are in conformity with this contract and in accordance with the Consumer Rights Act 2015 (the Act).

13. Liability

13.1 We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.

13.2 Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.

13.3 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

14. Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at 13 Hallcroft Park, Ratho, Newbridge, Edinburgh EH28 8SE and all notices from us to you will be displayed on our website from time to time.

15. Changes to legal notices

We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.

16. Law, jurisdiction and language

This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with Scottish law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of Scotland. All contracts are concluded in English.

17. Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

18. Privacy

You acknowledge and agree to be bound by the terms of our privacy policy.

19. Third party rights

Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

SPECIFIC TERMS & CONDITIONS FOR TOURS & PHOTOGRAPHY CLASSES


TERMS AND CONDITIONS OF BUSINESS  

David Wheater Photography Tours & Photography Classes

  1. No contract for our services shall exist until the full price of a tour or photography class has been cleared in our bank account and we have confirmed your tour in writing.

  2. The price of the contract will require to be paid in full, prior to fulfilment of our services, unless otherwise agreed in writing. Payment is of the essence of this contract and we will be relieved of any obligation under this contract if payment is not made in accordance with these contract terms.

  3. The minimum number of confirmed bookings required to run a tour is two. The maximum number of participants in any tour will be eight.

  4. In the event of us cancelling a tour or photography class, due to illness, bad weather or other unforseen circumstances, we shall agree with you an alternative date, or refund your money in full. In the event of cancellation we shall contact you via email and telephone to discuss alternative options.

  5. Customers understand that the weather in Scotland can sometimes be severe and unpredictable and that they must dress appropriately for the weather. For all tours, customers must wear comfortable and sturdy footwear and be prepared for wind and rain at all times. During the summer months we strongly advise all customers to bring adequate sun protection, including a sun hat and sun-cream factor 50.

  6. Save as required by the UK Consumer Protection (Distance Selling) Regulations, if you, our customer, cancels a tour or class less than 48 hours before it commences there will be no refund. For tours and classes cancelled more than 48 hours but less than seven calendar days before commencement there will be a 50% refund. For all tours cancelled more than seven calendar days prior to commencement a full refund will be made less a 10% administrative charge. All cancellations must be made in writing via email to david@davidwheater.com or via text to +44 (0)7400 705 357.

  7. We reserve the right to change our tour and class content, dates, times and prices as advertised on our website and other publications at any time until we enter into a contract with you. In the event of changes we will endeavour to contact you and make you aware of these changes.

  8. We shall have the right to make any changes to our services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the services, and shall notify you in any such event.

  9. Any quotation given for our services shall not constitute an offer, and is only valid for a period of twenty calendar days from its date of issue.

  10. Customers must notify us in advance of a tour or class, of any medical conditions, medications or illnesses affecting them, or their party, which may affect their walking or mobility, or that may otherwise affect their ability to enjoy and participate in a tour or class. Walking tours last around three hours and cover uneven gradients, stairs and cobbled streets which customers with mobility problems or other health problems may struggle with. A reasonable level of fitness and stamina is required to complete all our tours and photography classes.

  11. Due to the terrain and length of our tours and classes, we regret that we can only accept children above ten years of age on both our tours and photography classes.

  12. To ensure their safety, customers agree to abide by the instructions and directions given by their tour guide and class instructor at all times. 

  13. In the event of a customer’s behaviour becoming dangerous, offensive, rude or upsetting to us, other tour/class participants, or other members of the public, we reserve the right, acting reasonably, to ask that person or persons to leave the tour and, in extreme cases, to terminate the tour immediately. In the event of such unacceptable behaviour and subsequent termination this will be considered a breach of contract and no refund will be given, or reimbursement of, any cost or losses incurred by the party asked to leave.

  14. It is a material requirement of our contract with you that all our customers, before and during our tours and classes, have appropriate and adequate insurance with a reputable insurer to cover death, personal injury, medical expenses, repatriation expenses, loss of or damage to luggage and contents of same and that all cameras, smartphones and related equipment are adequately insured aginst loss, theft or damage.

  15. All overseas customers must have current and adequate travel insurance cover arranged to cover accidents, illness and repatriation costs. 

  16. Each customer is solely responsible for loss of, or damage to, baggage, camera equipment, smartphones or other personal possessions or consequential loss arising therefrom.

  17. You consent to the computer storage and processing of your personal data by us in connection with this Agreement and to the transmission of this data across the company and its business partners for the purposes of our legitimate interests including statistical analysis, marketing of our services and credit control. To see our GDPR Data Privacy Notice please visit our website or contact David Wheater on +44 (0)7400 705 357 or email us david@davidwheater.com.

  18. In the event of illness or injury, customers accept full responsibility for any medical costs incurred. 

  19. Force majeure: neither party shall be in breach of this contract nor liable for delay in performing, or failure to perform, any of its obligations under this contract if such delay or failure result from events, circumstances or causes beyond its reasonable control. Such events may include but are not limited to war or the threat of war, riots, terrorist activity, civil strife, industrial disputes, natural or nuclear disaster, fire, flood or adverse weather conditions.

  20. You, the customer, must immediately communicate any perceived failure or complaint in the performance of this contract to your tour guide or class instructor thus giving us the opportunity to remedy your complaint or dissatisfaction right away. Should this not be possible, you should make your complaint known to us in writing within 14 days of the completion of your tour or class.

  21. These terms and conditions fully incorporate and include our Online General Terms & Conditions, our Privacy Statement, our GDPR Data Privacy Notice and Cookies Policy which are all available to peruse on our website www.davidwheater.com and all of which should be read and agreed to by our customers before purchasing one of our tours or classes and formally contracting with us. If you have any queries or questions about any of these documents or our terms and conditions please contact David Wheater on +44 (0)7400 705 357 or email us david@davidwheater.com.

  22. Each party irrevocably agrees that the Scottish courts shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this contract or its subject matter or formation.

PRIVACY STATEMENT

David Wheater Photography is committed to respecting and protecting the privacy of anyone using our site and the confidentiality of any information that you provide us with. The purpose of this statement is to set out how we use any personal information that we may obtain from you.

Data Protection Act 1998 (‘the Act’)

We abide by the Data Protection Act and comply with the Act in all our dealings with your personal data.

Use and collection of personal information

In general you can visit our website without telling us who you are and without revealing any information about yourself. If, however, you use our site you will need to register and you will be asked to provide certain information such as your contact details. We will store this data and hold it on computer or otherwise.

We may use information that you provide:

• To register you with our website and to administer it.

• For assessment and analysis, e.g. marketing, customer and product analysis, to enable us to review, develop and improve our services.

If you do not want us to use data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data.

We may disclose your personal information to third parties:

• In the event we sell or buy any business or assets, in which case we might disclose your personal data to the prospective buyer or seller.

• If we are under a legal duty to disclose or share your personal data in order to comply with or meet any legal obligation.

OUR USE OF Cookies

We collect information directly from you in a number of ways. One way is through our use of ‘cookies’. Most websites use cookies in order to make them work, or to work more efficiently, as well as to provide information to the owners of the website. They help us to understand how our customers and potential customers use our website so we can develop and improve the design, layout, content and function of the site.

What are cookies?
Cookies are small text files that are placed on your computer’s hard drive by websites that you visit. They save and retrieve pieces of information about your visit to the website – for example, how you entered the site, how you navigated through the site and what information and documentation was of interest to you. This means that when you go back to a website, it can give you tailored options based on the information it has stored about you on your last visit.

Some of our cookies are used to simply collect information about how visitors use our website and these types of cookies collect the information in an anonymous form.

Where there is a login process relating to buying products or services from us we also use cookies to store personal registration information so that you do not have to provide it to us again on subsequent visits.

Disabling Cookies
The rules about cookies on websites have recently changed. If you are uncomfortable with the use of cookies, you can disable cookies on your computer by changing the settings in the preferences or options menu in your browser. You can set your browser to reject or block cookies or to tell you when a website tries to put a cookie on your computer. You can also delete any cookies that are already stored on your computer’s hard drive. However, please be aware that if you do delete and block all cookies from our website, parts of the site will not then work. This is because some of the cookies we use are essential for parts of our website to operate. Likewise, you may not be able to use some products and services on other websites without cookies.

To find out more about cookies, including seeing what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.

If you do not wish to accept cookies from our website, please leave this site immediately and then delete and block all cookies from this site. Alternatively, you may opt out of receiving information from us by e-mail or telephoning us. Our e-mail is david@davidwheater.com.

Security

We endeavour to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data that you disclose online and we will not be responsible for any breach of security unless this is due to our negligence or wilful default.

Your rights

You have the right to ask us not to process your personal data for marketing purposes. We will aim to inform you before collecting your data if we intend to use your data for such purposes or we intend to disclose your information to any third party for such purpose. You can exercise your right to prevent this happening by checking certain boxes on the forms we use to collect your data.

General

You have the right to see personal data (as defined under the Data Protection Act) that we keep about you upon receipt of a written request and payment of a fee of £10. Any request should be sent to David Wheater at david@davidwheater.com or use our contact from.

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(name and address of the data controller)

CANCELLATION FORM

To (here the trader’s name, geographical address and, where available, fax number and e-mail address are to be inserted by the trader):

I/We* hereby give you notice that I/We* cancel my/our* contract for the sale of the following goods*/for the supply of the following services*:

Ordered on*/Received on*:

Name of consumer(s):

Address of consumer(s):

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

Date:

*Delete as appropriate