Terms & Conditions – Braw Wee Prints
Myers Photography & Design Limited trading as Braw Wee Prints. 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 Client is the person or organisation making a purchase via www.brawweeprints.com, regardless of whether or not the Client is acting for a third party.
(d) These terms and conditions represent the entirety of the agreement between Braw Wee Prints and the Client – any variation is only applicable when agreed in advance and in writing.
2. Copyright and Ownership of Materials:
(a) The entire copyright in the pictures is retained by Braw Wee Prints including personalised, bespoke and customised pictures sold via www.brawweeprints.com
(b) Title to all images remains the property of Braw Wee Prints including personalised, bespoke and customised pictures sold via www.brawweeprints.com.
(c) Braw Wee Prints supplies the technical and artistic ability to illustrate an idea artistically, and sells the end product in a given context. No property or copyright in any pictures shall pass to the Client.
(d) Braw Wee Prints asserts both their moral right to be identified as the author of their work and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988.
(e) Unless otherwise agreed in writing, if any picture reproduced by the Client omits the copyright notice or credit line specified by Braw Wee Prints any fee payable by the Client shall be subject to an increase specified by Braw Wee Prints, and in any event an increase of not less than 25%.
3. Use and Reproduction:
(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 Braw Wee Prints.
(b) Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on Braw Wee Prints’ invoice. An agreement must be reached with Braw Wee Prints before the pictures are used for a different purpose or after the licence to use has expired.
(c) Reproduction rights are not issued exclusively to the Client except when specified on the invoice or expressly in writing.
(d) Where granted, 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.
(e) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.
(f) Braw Wee Prints reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.
(g) In the case of printed publications, three copies of the relevant pages containing any picture supplied are to be furnished to Braw Wee Prints free of charge within two weeks. In other media, evidence of use must be made available if requested.
(h) 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, Braw Wee Prints 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.
(i) All images sold via www.brawweeprints.com are issued with ‘Personal Use’ license unless expressly stated and agreed otherwise in writing, in advance of any sale.
4. Definitions of Reproduction Rights:
The following terms are used when describing the reproduction rights granted by Braw Wee Prints and the Artist 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 right to use/display the picture(s) privately for personal pleasure. For the avoidance of all doubt, personal use does not include any commercial usage at any point, in any context and any such use is a direct violation of the terms of sale.
(a) Website sales require instant payment before the sale is concluded. No personalisation/customisaton or bespoking of any image sold via www.brawweeprints.com will commence until full payment has been received for the image.
(b) If payment is not made in accordance with (a) above then Braw Wee Prints 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) The Client’s right to reproduce a picture arises only when Braw Wee Prints 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 Braw Wee Prints to rescind the Agreement and rendering the Client liable for the payment of damages.
(d) 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 Braw Wee Prints may consider these invoices as overdue when pursuing legal action for the recovery of said debts.
(a) Braw Wee Prints will produce and edit every image and deliver what it considers to be the best of every situation covered.
(b) There is no right reject personalisation, customisation or bespeaking of any image sold by Braw Wee Prints on the basis of style, composition or editing.
(c) Braw Wee Prints will use the instructions supplied by the client to form any personalisation, customisation or image bespeaking verbatim – it is the responsibility of the client to check the accuracy of information, instructions and data supplied and no refunds or rework will be undertaken when the client has supplied incorrect information.
(d) The client is not entitled to reject or request any refunds for any personalised, customised or bespoke imagery created by Braw Wee Prints when the client has supplied inaccurate information.
(a) While Braw Wee Prints 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 any text within the image.
(b) The Client agrees to indemnify Braw Wee Prints 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 Braw Wee Prints.
(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 Braw Wee Prints 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 Braw Wee Prints 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) Braw Wee Prints 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 design, save as may be reasonably necessary to enable Braw Wee Prints to carry out their obligations in relation to the commission.
(a) Website sales require instant payment before the sale is concluded. No personalisation/customisaton or bespoking of any image sold via www.brawweeprints.com will commence until full payment has been received for the image.
11. All Print & Canvas Sales (including photographs, personalised, customised and bespoke images)
(a) All prints and canvases sold are produced on demand to meet the specific customer order – no stock is held and no refunds will be made for incorrect orders, including orders for the wrong image, size, format or with the wrong delivery address supplied by the client at the point of ordering.
(b) Delivery times are not specified or guaranteed in any way, shape or form. No liability is accepted for any missed deadlines on your part and no refunds will be made due to delivery timescales being out with your expectations, unless otherwise agreed, in writing by Braw Wee Prints at the time of ordering.
(c) Canvases can only be shipped out with the UK in sizes A4 and A3 ONLY – any orders for a canvas, out with the UK in any size other than A4 or A3 may be cancelled and a full refund will be offered to the buyer, less any costs we may incur where applicable. Any orders for canvases in sizes other than A4 or A3 where delivery is out with the UK must be agreed in writing by Braw Wee Prints.
(d) There may be some variations in colour between what is seen on screen 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 etc, all configured with different settings etc – no refunds will be given unless the prints/canvases received can be seen to be defective and all such cases will be investigated on a case by case basis by Braw Wee Prints.
(e) Refunds will only be made for matt photographic prints and/or canvas prints when the items are defective. The only exception to this is where the goods cannot be supplied by Braw Wee Prints and in such circumstances, a full refund will be provided for all items purchased, including the cost of postage and packing where paid, where goods cannot be supplied to the purchaser for any reason.
12. General Conditions For Items Sold Via www.brawweeprints.com
(a) All payments made for goods are final and no refunds will be made for any mistakes made in the ordering process.
(b) All goods sold are produced ‘on demand’ to order, for the buyer, via Braw Wee Prints and thus no refunds will be made for any orders where the buyer changes their mind.
(c) Delivery times are not quoted or guaranteed unless otherwise agreed in writing and refunds will not be offered for any goods purchased by the buyer on account of delivery time taken.