Terms of service

OVERVIEW
This website is operated by Happen Productions Limited, trading as ‘The Iris Photographer’. Throughout the site, the terms “we”, “us”, “our” and “the photographer” refer to My Store, any member of staff from Happen Productions Limited (trading as “The Iris Photographer”). My Store offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

“The client(s)” shall be those persons defined in the booking form.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - COPYRIGHT
All copyright of photographic images belongs to the studio (The Iris Photographer/Happen Productions Limited).

SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 6 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY]
We have made every effort to display as accurately as possible the colours and images of our products that appear on the site. We cannot guarantee that your computer monitor's display of any colour will be accurate. All images presented on this site are for illustration purposes only and might not be to scale.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 7 - MARKETING
The client(s) grant(s) permission to the photographer to exhibit any photographic images included in this contract and to actively promote the business through various means such as advertising, brochures, magazine features, calendars, websites, photo competitions, commercial photography, and other channels.

SECTION 8 - SPECIAL OFFERS, DISCOUNTS AND PROMOTIONS

From time to time, we may offer special promotions, discounts, or coupons. Unless otherwise specified, these special offers cannot be used in conjunction with any other discounts, promotions, or coupons. Each offer is limited to one per customer and per transaction. These special offers, promotions or discounts are exclusively applicable to wall art products and cannot be used for digital files or prints. They are non-refundable and non-transferable. Offers are subject to availability and may be withdrawn or amended without notice. These terms do not affect your statutory rights.

SECTION 9 - SMS MARKETING

By opting in, you agree to receive SMS messages from The Iris Photographer, including booking reminders, competition notifications, voucher expiry reminders, and promotional offers. Message frequency may vary. Message and data rates may apply. You can opt out at any time by replying STOP to any message. For help, reply HELP or contact us at hello@theirisphotographer.co.uk or 01628 436 050. Consent to receive SMS marketing is not a condition of purchase. Your personal information will be handled in accordance with our Privacy Policy:

SECTION 10 - UTILIZATION OF YOUR IMAGES ONLINE.
When posting your images on the internet (Social Media), you must utilize only the low-resolution digital image containing the logo that you will have received as your complimentary web file. Editing the images, including altering colours or removing portions of the image, or removing the logo, is not permitted. High-resolution images (JPEG) without the logo are solely for print use. You are prohibited from submitting any of your images for competitions, whether online or otherwise. Regarding prints, you are not allowed to reproduce the print by scanning it into another print or a digital image. Digital images can be purchased separately.

SECTION 11 - STUDIO SESSIONS
Your ‘Studio’ session will occur at our Marlow studio and will be scheduled for the duration selected during the appointment/session booking process.

SECTION 12 – HOME VISIT SESSIONS
Your ‘Home Visit’ session will occur at the address that is given on the booking form and will be scheduled for the duration selected during the appointment/session booking process. Please note that ‘Home Visit’ sessions are only offered inside the designated area which is highlighted on the Booking Page. Any ‘Home Visit’ booking made outside of this area will be offered a ‘ Studio’ session instead.

SECTION 13 - PAYMENT FOR SESSION/SHOOT AND PRODUCTS

Session/Shoot Fee: Payment in full is required at the time of booking. Appointment changes can be made up to 5 working days before the Iris shoot session. The booking fee is fully refundable only upon the purchase of wall art at the appointment and will be deducted from the final wall art price.

Appointment fee and no shows. In the event of a no-show, where you fail to attend your Iris shoot session after confirmation or without sufficient notice, you will forfeit your full booking fees (along with any complimentary products/print credits).

Changes to your appointment time. You are entitled to one appointment change, which must be requested at least 5 working days before your appointment; subsequent changes will result in forfeiture of booking fees.

Cancellation of appointments. Cancellations must be requested at least 5 working days before your appointment in order to receive a full refund. Any requests made within 5 working days of your appointment will result in forfeiture of booking fees.

In the event that we must cancel an appointment due to circumstances beyond our control (such as death, injury, sickness, etc.), our liability will be limited to providing a full refund of all monies paid. In the case of unforeseen circumstances beyond our control (such as the coronavirus pandemic, severe weather, fire, etc.), we will postpone sessions and reschedule once our operations resume.

Products: Payment for products is due during the iris shoot session (accepted payment methods include Card, Cash, Paypal Credit, Paypal pay in 3). Once payment for your order is processed, it cannot be cancelled, modified, or refunded. Please note that editing work on your order will commence once payment has been cleared.

SECTION 14 - BOOKING FEE REFUND AGAINST WALL ART PURCHASE

The booking fee can only be refunded against your wall art purchase when the wall art order is confirmed and paid for at your Iris Shoot appointment. We give prior notice about this in your confirmation email you receive when you make a booking and in the reminder email of your upcoming appointment.

SECTION 15 - WALL ART CREDIT

Any wall art credits must be utilized during your iris appointment. Failure to purchase wall art on the day of your iris shoot will result in forfeiture of your wall art credit. These credits are exclusively applicable to wall art products and cannot be used for digital files or prints. They are non-refundable and non-transferable.

Products will be dispatched to you within a reasonable timeframe, typically around 3 weeks under normal circumstances and up to 6 weeks during the holiday season. If you opt not to purchase any images, you are not eligible for a refund of the iris shoot session fee. Payment plans cannot be cancelled. Any complimentary wall art or product credits must be utilized on the same day as your Iris shoot appointment and cannot be redeemed at a later date.

SECTION 16 - CUSTOM IRIS DESIGN FEE AND INTELLECTUAL PROPERTY

A non-refundable fee of £100 will be charged for any custom iris design requests. This fee covers the time and creative input involved in developing a bespoke design. However, all custom designs remain the intellectual property of the iris photographer. By commissioning a custom design, the customer acknowledges and agrees that the resulting design may be used by the photographer as part of their wider portfolio and offered as a design option to future clients.

SECTION 17 - ARTWORK PROOF
For your artwork, we offer a proof via email for your approval before proceeding with printing. This step ensures that the design aligns with what was decided during your iris session, with allowance for minor adjustments. You are entitled to one complimentary revision. Additional changes or a complete overhaul, such as altering the position of the iris from the original decision or changing the editing style, will incur a charge of £45 per hour. Please be aware that any revisions will impact the timeline for receiving your products.

SECTION 18 - FLASHING LIGHTS
We utilize flash photography to capture macro images of the iris. Individuals sensitive to flashing lights, such as those with photosensitive epilepsy, should refrain from booking an iris shoot. We cannot be held responsible for any issues arising from the use of flashing lights.

SECTION 19 - CHILDREN
We recommend that only children aged 5 and above participate in an Iris shoot. However, our process is designed to be safe for children, so photography under the age of 5 is possible if the child can remain still and focus on the camera. We cannot be held accountable if a child does not cooperate, and we are unable to provide refunds if we cannot capture an iris image under such circumstances.

SECTION 20 - POSTPONEMENT DUE TO ADVERSE WEATHER/ EQUIPMENT FAILURE/ STAFF ILLNESSES
In the event that The Iris Photographer team needs to cancel the appointment due to adverse weather conditions, equipment failure, or staff illnesses, a new appointment will be arranged at a mutually convenient time at no extra cost. If rescheduling isn't feasible for you, we will refund your session fee (applicable if booked directly with us; please contact the third party if you purchased a gift voucher elsewhere). Please note that we are not liable for any additional personal expenses incurred, such as travel or accommodation. We recommend checking your travel insurance for coverage in such instances. [LINK TO REFUND POLICY]

SECTION 21 - DIGITAL FILES (THESE ARE NOT THE COMPLIMENTARY WEBFILE)
When purchasing digital files, the client is responsible for their safekeeping and making duplicates as needed. Requests for additional duplicates from the photographer will result in extra charges. The digital files are provided exclusively as JPEGs, edited in my signature style. The Iris Photographer will retain your images on file for a maximum of 2 years, after which they may be deleted.

SECTION 22 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy: [LINK TO REFUND POLICY]

SECTION 23 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 24 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 25 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 26 - PERSONAL INFORMATION
Your submission of personal information through the website and/or competition entries is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]

SECTION 27 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 28 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 29 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall My Store, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 30 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless My Store and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 31 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 32 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 33 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 34 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.

SECTION 35 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 36 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@theirisphotographer.co.uk.
Our contact information is posted below:
HAPPEN RPODUCTIONS LIMITED, trading as THE IRIS PHOTOGRAPHER
hello@theirisphotographer.co.uk
59 STATION ROAD, MARLOW, BUCKS. SL7 1NW
01628 436 050
COMPANY NUMBER: 11006762
VAT NUMBER: GB649926678