Terms and Conditions

Myers Photography & Design Ltd trading as The Greyfriars Bobby Store.  Registered in Scotland.  Company Number SC684145.  Registered Office Address: Office 2, 30/2 Eskbank Office Complex, Dalkeith, EH22 3NX, Scotland.

(a) Picture includes a photograph, images, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction.

 

(b) Reproduction includes any form of publication or copying of the whole or part of any picture and whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist’s reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means.

 

(c) The Photographer (otherwise known as Colin Myers) is the Author of the photograph or the Photographer.

 

(d) The Client is the person or organisation to whom an invoice is addressed (whether or not the Client is acting for a third party).

 

(e) The Subscriber is the person or organisation who has subscribed to any subscription service(s) available via www.greyfriarsbobbystore.com (whether or not the Customer is acting for a third party).

 

(f) The Customer is the person or organisation who has purchased goods or services via www.greyfriarsbobbystore.com (whether or not the Customer is acting for a third party).

 

(g) These terms and conditions represent the entirety of the agreement between The Greyfriars Bobby Store and the Client. Any variation is only applicable when agreed in advance and in writing.

(a) The entire copyright in the pictures is retained by the Photographer, Colin Myers at all times throughout the world and is administered by The Greyfriars Bobby Store.

 

(b) Title to all photographs remains the property of the Photographer.

 

(c) Images will be licensed for use for a specified period. When the License to Use has expired, the images should be returned to the Photographer and a written undertaking given that all digital files have been destroyed. The Client is expected to comply with this requirement within 30 days of expiration of the License to Use. The Photographer reserves the right to make an additional charge for continued use after this period at the rate prevailing at the time and for the duration of any unlicensed usage thereafter.

 

(d) The Photographer, as administered by The Greyfriars Bobby Store, supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those pictures in a given context. No property or copyright in any pictures shall pass to the Client whether on its submission or on The Greyfriars Bobby Store’s grant of reproduction rights in respect thereof.

 

(e) Colin Myers asserts both his moral right to be identified as the author of his work and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988.

 

(f) Unless otherwise agreed in writing if any picture reproduced by the Client omits the copyright notice or credit line specified by The Greyfriars Bobby Store any fee payable by the Client shall be subject to an increase specified by The Greyfriars Bobby Store, and in any event an increase of not less than 25%.

(a) The License to Use only comes into effect once full payment of the invoice has been made. No use may be made of the images until full and final payment, including any late payment charges that may have been levied, has been received by The Greyfriars Bobby Store.

 

(b) Permission in writing may be granted for image use before payment, however this permission will be immediately revoked if payment of the invoice is not made by the timescale stated on the invoice.

 

(c) Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on The Greyfriars Bobby Store’s invoice. An agreement must be reached with The Greyfriars Bobby Store before the pictures are used for a different purpose or after the licence to use has expired.

 

(d) Reproduction rights are not issued exclusively to the Client except when specified on the invoice.

 

(e) Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights.

 

(f) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.

 

(g) The Greyfriars Bobby Store reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.

 

(h) In the case of printed publications, three copies of the relevant pages containing any picture supplied are to be furnished to The Greyfriars Bobby Store free of charge within two weeks. In other media, evidence of use must be made available if requested.

 

(i) On the Client’s death or bankruptcy or (if the Client is a company) in the event of a Resolution, Petition or Order for winding up being made against it, or if a Receiver is appointed, The Greyfriars Bobby Store may at any time thereafter inspect any records, accounts and books relating to the reproduction of its pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to the Client.

The following terms are used when describing the reproduction rights granted by The Greyfriars Bobby Store and the Photographer to the Client.

 

(a) Internal Use only: The right to use the pictures only within a company for non-commercial purposes; publication in a free in-house magazine not normally available to the public; exhibition within the Client’s premises; editorial use in the Client’s intranet site.

 

(b) PR and Press distribution: The right to use the pictures as described in 4(a); plus a licence for third parties to reproduce such pictures in print or electronic media in an editorial context where no fee has been paid to guarantee publication.

 

(c) Specified Use Only: The right to use the pictures once only for the purpose as described on the invoice.

 

(d) Editorial: One reproduction only of pictures supplied within one print edition of the specified title in an editorial context only.

 

(e) Personal: The images may be used for personal purposes only.  For the avoidance of all doubt, this prohibits any use in any commercial situation.

(a) Payment terms are strictly net 28 days (four weeks) unless agreed otherwise, in advance and in writing.

 

(b) If payment is not made in accordance with (a) above then The Greyfriars Bobby Store may rescind any Agreement and recover damages, or, at its option, may exercise its statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998.

 

(c) A fee of £25.00 will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursuance of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices.

 

(d) The Client’s right to reproduce a picture arises only when The Greyfriars Bobby Store’s invoice relating to the grant of such right is fully paid (including interest charges levied on late payment of the invoice or invoices). Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling The Greyfriars Bobby Store to rescind the Agreement and rendering the Client liable for the payment of damages.

 

(e) If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 28 days from the issue date, and that The Greyfriars Bobby Store may consider these invoices as overdue when pursuing legal action for the recovery of said debts.

(a) The Greyfriars Bobby Store will edit every image and deliver what it considers to be the best of every situation covered.

 

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

(a) While The Greyfriars Bobby Store takes all reasonable care in the performance of this agreement generally, it shall not be liable for any loss or damage suffered by the Client of by any third party arising from use or reproduction of any picture or its caption.

 

(b) The Client agrees to indemnify The Greyfriars Bobby Store in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by The Greyfriars Bobby Store.

 

(c) It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that The Greyfriars Bobby Store gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any picture. In the event that the picture is issued or reproduced by or with the authority of the Client then the Client shall indemnify The Greyfriars Bobby Store against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.

(a) This Agreement shall be subject to and constructed according to Scottish Law and the parties agree to accept the exclusive direction of the Courts of Scotland.

 

(b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.

 

(c) Email communication constitutes a contract in law, unless the Client specifically states they will not accept this and instead provides hardcopy paperwork of all relevant agreements and contracts.

(a)  The Photographer and The Greyfriars Bobby Store will keep confidential and will not disclose to any third parties or make use of information communicated to them in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer or The Greyfriars Bobby Store to carry out their obligations in relation to the commission.

(a)  Our terms are strictly net 28 days (four weeks) unless agreed in advance and in writing.

 

(b)  Payment by BACS is preferred and company bank details will be provided on our invoice.  Payment via an email invoice will also be offered where a direct BACS payment is not possible, at the discretion of The Greyfriars Bobby Store.

 

(c)  All website purchases are payable instantly and a sale is only finalised when full payment has been made and received by The Greyfriars Bobby Store.

(a) All matt photographic prints and canvases sold by The Greyfriars Bobby Store are produced on demand, at the point of ordering by the customer, to meet the specific customer requirements i.e. specific image, format (matt photographic print or canvas), size and quantity.  No stock is held by The Greyfriars Bobby Store and no refunds will be made for any incorrectly ordered items on the grounds of wrong image, wrong format and/or wrong size ordered by the customer.

 

(b) Delivery times are not guaranteed in any way, shape or form and no liability is accepted for any missed customer/client deadlines and no refunds will be made due to delivery timescales being out with customer/client expectations, unless otherwise agreed, in writing by The Greyfriars Bobby Store at the time of ordering.

 

(c) There may be some variations in colour between what appears on any customer screen/device and the final colours printed, applicable to both matt photographic prints and canvases – this is due to images being viewed on different computers/phones/tablets and any/all other devices all being configured with different settings etc – no refunds will be made for such variance, unless the matt photographic prints/canvases supplied can be seen to be defective.  All such cases and claims of defective goods will be investigated on a case by case basis by The Greyfriars Bobby Store, with clear photographic evidence showing said defects required to support any such claim.

 

(d) Any claims for damage to matt photographic prints and/or canvases caused by shipping must be submitted to The Greyfriars Bobby Store in writing via email or post, within 14 days of receipt of the goods by the customer.  All such claims must be substantiated by clear photographic evidence showing the damage to the goods and the packaging, with details provided as to when the goods were delivered and anything else relevant to support a postal investigation.  Customers agree that if they submit such a claim, The Greyfriars Bobby Store can and will share all evidence provided with the suppliers, Royal Mail and/or authorities as required to ensure we can recover our costs and this may result in the Royal Mail, local postal services and/or law enforcement agencies getting in touch with the customer to validate our claim for damages to goods whilst in transit.

 

(e) Where The Greyfriars Bobby Store upholds any customer claims for damage, a suitable replacement will be offered if this is available.  Where no suitable replacement can be supplied, a full refund will be provided to the customer.  The Greyfriars Bobby Store may also request the damaged goods be returned to us at our registered address, for inspection as required.

 

(f)  Refund requests will only be made for matt photographic prints and/or canvases when the product(s) are demonstrably defective – the only exception to this is where the goods have been ordered and paid for and cannot be supplied by The Greyfriars Bobby Store due to a lack of supplier/raw materials out with our control and in such cases, a full refund will be made for the customer order.

 

(g)  Any matt photographic prints and/or canvases ordered via the The Greyfriars Bobby Store website to a destination out with the UK may be subject to local taxes/customs fees/other similar costs applicable to the destination country – it is the responsibility of the customer to ensure they are aware of any such costs and willing to pay these costs.  The Greyfriars Bobby Store is not responsible for such costs.

(a) All calendars sold by The Greyfriars Bobby Store are produced on demand, at the point of ordering by the customer, to meet the specific customer order in terms of calendar variant and quantity – no stock is held unless otherwise advertised and all calendar sales are final.

 

(b) Delivery times are not guaranteed in any way, shape or form and no liability is accepted for any missed customer/client deadlines and no refunds will be made due to delivery timescales being out with customer/client expectations, unless otherwise agreed, in writing by The Greyfriars Bobby Store at the time of ordering.

 

(c) There may be some variations in colour between what appears on any customer screen/device and the final colours printed, applicable to calendars – this is due to images being viewed on different computers/phones/tablets and any/all other devices all being configured with different settings etc – no refunds will be made for such variance, unless the calendars supplied can be seen to be defective.  All such cases and claims of defective goods will be investigated on a case by case basis by The Greyfriars Bobby Store, with clear photographic evidence showing said defects required to support any such claim.

 

(d) Any claims for damage to calendars caused by shipping must be submitted to The Greyfriars Bobby Store in writing via email or post, within 14 days of receipt of the goods by the customer.  All such claims must be substantiated by clear photographic evidence showing the damage to the calendar(s) and the packaging, with details provided as to when the calendar(s) were delivered and anything else relevant to support a postal investigation.  Customers agree that if they submit such a claim, The Greyfriars Bobby Store can and will share all evidence provided with the Royal Mail and/or authorities as required to ensure we can recover our costs and this may result in the Royal Mail, local postal services and/or law enforcement agencies getting in touch with the customer to validate our claim for damages to goods whilst in transit.

 

(e) Where The Greyfriars Bobby Store upholds any customer claims for damage, a suitable replacement will be offered if this is available.  Where no suitable replacement can be supplied, a full refund will be provided to the customer.  The Greyfriars Bobby Store may also request the damaged items be returned to us at our registered address, for inspection as required.

 

(f)  Refund requests will only be made for calendars when the product is demonstrably defective – the only exception to this is where the goods have been ordered and paid for and cannot be supplied by The Greyfriars Bobby Store due to a lack of supplier/raw materials out with our control and in such cases, a full refund will be made for the customer order.

 

(g)  Any calendars ordered via the The Greyfriars Bobby Store website to a destination out with the UK may be subject to local taxes/customs fees/other similar costs applicable to the destination country – it is the responsibility of the customer to ensure they are aware of any such costs and willing to pay these costs.  The Greyfriars Bobby Store is not responsible for such costs.

(a) All jigsaw puzzles sold by The Greyfriars Bobby Store are produced on demand, at the point of ordering by the customer, to meet the specific customer order in terms of jigsaw puzzle variant and quantity – no stock is held unless otherwise advertised and all jigsaw puzzle sales are final.

 

(b) Delivery times are not guaranteed in any way, shape or form and no liability is accepted for any missed customer/client deadlines and no refunds will be made due to delivery timescales being out with customer/client expectations, unless otherwise agreed, in writing by The Greyfriars Bobby Store at the time of ordering.

 

(c) There may be some variations in colour between what appears on any customer screen/device and the final colours printed, applicable to jigsaw puzzles – this is due to images being viewed on different computers/phones/tablets and any/all other devices all being configured with different settings etc – no refunds will be made for such variance, unless the jigsaw puzzles supplied can be seen to be defective.  All such cases and claims of defective goods will be investigated on a case by case basis by The Greyfriars Bobby Store with clear photographic evidence showing said defects required to support any such claim.

 

(d) Any claims for damage to jigsaw puzzles caused by shipping must be submitted to The Greyfriars Bobby Store in writing via email or post, within 14 days of receipt of the goods by the customer.  All such claims must be substantiated by clear photographic evidence showing the damage to the jigsaw puzzle(s) and the packaging, with details provided as to when the jigsaw puzzle(s) were delivered and anything else relevant to support a postal investigation.  Customers agree that if they submit such a claim, The Greyfriars Bobby Store can and will share all evidence provided with the Royal Mail and/or authorities as required to ensure we can recover our costs and this may result in the Royal Mail, local postal services and/or law enforcement agencies getting in touch with the customer to validate our claim for damages to goods whilst in transit.

 

(e) Where The Greyfriars Bobby Store upholds any customer claims for damage, a suitable replacement will be offered if this is available.  Where no suitable replacement can be supplied, a full refund will be provided to the customer.  The Greyfriars Bobby Store may also request the damaged goods be returned to us at our registered address, for inspection as required.

 

(f) Refund requests will only be made for jigsaw puzzle(s) when the products are demonstrably defective – the only exception to this is where the goods have been ordered and paid for and cannot be supplied by The Greyfriars Bobby Store due to a lack of supplier/raw materials out with our control and in such cases, a full refund will be made for the customer order.

 

(g) Any jigsaw puzzles ordered via the The Greyfriars Bobby Store website to a destination out with the UK may be subject to local taxes/customs fees/other similar costs applicable to the destination country – it is the responsibility of the customer to ensure they are aware of any such costs and willing to pay these costs.  The Greyfriars Bobby Store is not responsible for such costs.

 

(h) Jigsaw Puzzles sold on the The Greyfriars Bobby Store website are intended for adult usage unless otherwise advertised.  Jigsaw puzzles contain small pieces which may be a choking hazard for smaller children (under three years of age) but it is the responsibility of the customer to ensure they observe this warning and The Greyfriars Bobby Store shall not be held liable for any failure to observe these warnings, also shown on the product packaging.

(a) All greetings cards & Christmas cards sold by The Greyfriars Bobby Store are produced on demand, at the point of ordering by the customer, to meet the specific customer requirements i.e. specific image, size and quantity.  No stock is held by The Greyfriars Bobby Store and no refunds will be made for any incorrectly ordered items on the grounds of wrong image, size or quantity ordered by the customer.

 

(b) Delivery times are not guaranteed in any way, shape or form and no liability is accepted for any missed customer/client deadlines and no refunds will be made due to delivery timescales being out with customer/client expectations, unless otherwise agreed, in writing by The Greyfriars Bobby Store at the time of ordering.

 

(c) There may be some variations in colour between what appears on any customer screen/device and the final colours printed, applicable to all greetings cards & Christmas cards – this is due to images being viewed on different computers/phones/tablets and any/all other devices all being configured with different settings etc – no refunds will be made for such variance, unless the greetings cards & Christmas cards supplied can be seen to be defective.  All such cases and claims of defective goods will be investigated on a case by case basis by The Greyfriars Bobby Store, with clear photographic evidence showing said defects required to support any such claim.

 

(d) Any claims for damage to greetings cards & Christmas cards caused by shipping must be submitted to The Greyfriars Bobby Store in writing via email or post, within 14 days of receipt of the goods by the customer.  All such claims must be substantiated by clear photographic evidence showing the damage to the goods and the packaging, with details provided as to when the goods were delivered and anything else relevant to support a postal investigation.  Customers agree that if they submit such a claim, The Greyfriars Bobby Store can and will share all evidence provided with the suppliers, Royal Mail and/or authorities as required to ensure we can recover our costs and this may result in the Royal Mail, local postal services and/or law enforcement agencies getting in touch with the customer to validate our claim for damages to goods whilst in transit.

 

(e) Where The Greyfriars Bobby Store upholds any customer claims for damage, a suitable replacement will be offered if this is available.  Where no suitable replacement can be supplied, a full refund will be provided to the customer.  The Greyfriars Bobby Store may also request the damaged goods be returned to us at our registered address, for inspection as required.

 

(f)  Refund requests will only be made for greetings cards & Christmas cards when the product(s) are demonstrably defective – the only exception to this is where the goods have been ordered and paid for and cannot be supplied by The Greyfriars Bobby Store due to a lack of supplier/raw materials out with our control and in such cases, a full refund will be made for the customer order.

 

(g)  Any greetings cards & Christmas cards ordered via the The Greyfriars Bobby Store website to a destination out with the UK may be subject to local taxes/customs fees/other similar costs applicable to the destination country – it is the responsibility of the customer to ensure they are aware of any such costs and willing to pay these costs.  The Greyfriars Bobby Store is not responsible for such costs.

(a) Unless otherwise advertised, all goods sold by The Greyfriars Bobby Store are produced on demand, at the point of ordering by the customer, to meet the specific customer requirements i.e. specific images, sizes and quantity.  No stock is held by The Greyfriars Bobby Store and no refunds will be made for any incorrectly ordered items on any grounds, where customer error is the reason for a refund request.

 

(b) Delivery times are not guaranteed in any way, shape or form and no liability is accepted for any missed customer/client deadlines and no refunds will be made due to delivery timescales being out with customer/client expectations, unless otherwise agreed, in writing by The Greyfriars Bobby Store at the time of ordering.

 

(c) There may be some variations in colour between what appears on any customer screen/device and the final colours printed, applicable to all products – this is due to images being viewed on different computers/phones/tablets and any/all other devices all being configured with different settings etc – no refunds will be made for such variance, unless the products supplied can be seen to be defective.  All such cases and claims of defective goods will be investigated on a case by case basis by The Greyfriars Bobby Store, with clear photographic evidence showing said defects required to support any such claim.

 

(d) Any claims for damage to products caused by shipping must be submitted to The Greyfriars Bobby Store in writing via email or post, within 14 days of receipt of the goods by the customer.  All such claims must be substantiated by clear photographic evidence showing the damage to the goods and the packaging, with details provided as to when the goods were delivered and anything else relevant to support a postal investigation.  Customers agree that if they submit such a claim, The Greyfriars Bobby Store can and will share all evidence provided with the suppliers, Royal Mail and/or authorities as required to ensure we can recover our costs and this may result in the Royal Mail, local postal services and/or law enforcement agencies getting in touch with the customer to validate our claim for damages to goods whilst in transit.

 

(e) Where The Greyfriars Bobby Store upholds any customer claims for damage, a suitable replacement will be offered if this is available.  Where no suitable replacement can be supplied, a full refund will be provided to the customer.  The Greyfriars Bobby Store may also request the damaged goods be returned to us at our registered address, for inspection as required.

 

(f)  Refund requests will only be made for goods when the product(s) are demonstrably defective – the only exception to this is where the goods have been ordered and paid for and cannot be supplied by The Greyfriars Bobby Store due to a lack of supplier/raw materials out with our control and in such cases, a full refund will be made for the customer order.

 

(g)  Any goods ordered via the The Greyfriars Bobby Store website to a destination out with the UK may be subject to local taxes/customs fees/other similar costs applicable to the destination country – it is the responsibility of the customer to ensure they are aware of any such costs and willing to pay these costs.  The Greyfriars Bobby Store is not responsible for such costs.

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