Online Shop Terms and Conditions
1. Definitions | “Buyer” means the individual or company who buys or agrees to buy the Goods from the Seller “Contract” means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions “Goods” means the articles that the Buyer agrees to buy from the Seller “Seller” means North Wales Wedding Videos, 26 The Ridgeway, Holywell, Flintshire. CH8 7SN “Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2. Conditions | Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a consumer. These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3. Ordering | All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason. Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund.
4. Price and Payment | The Price of the Goods shall be that stipulated on the Seller’s Website. The total price and delivery charges will be displayed in the Buyer’s shopping basket prior to confirming the order. After the order is received the Seller shall confirm by email the details, description and price for the Goods. If these differ from the details, description and/or price shown on the Website the Buyer shall be entitled to cancel the order. Payment of the Price and delivery charges must be made in full before dispatch of the Goods.
5. Rights of Seller | The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion. The Seller reserves the right to withdraw any goods from the Website at any time. The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
6. Warranty | The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. No conditions or warranty is given or implied as to the life or wear of the goods or whether they will be suitable for any particular purpose or use. The Sellers goods should only be used in the manner and for the purpose for which they were intended.
7. Delivery | Goods supplied within the UK will normally be delivered within two to five working days of receipt of order. (pending availability)Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund. Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. Any shortages or defects must be advised within 3 days of receipt either by e-mail or telephone. The Seller shall not be responsible for any consequential loss or charge other than of replacing the defective unused goods. Delivery is Free on all orders (mainland UK only) For orders outside mainland UK please contact us for a delivery price
8. Returns | Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective. The goods must be returned to us in their original condition and packaging within 14 days from the date of receipt. Please contact us by e-mail or telephone and we will inform you how you should send the item back to us. Upon acceptance of the return the Seller shall refund the Buyer any monies within 7 working days.
9. Cancellation | No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (inc loss of profit), costs (inc labour and materials used), damages, charges and expenses incurred by the seller as a result of cancellation.
10. Limitation of Liability | Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
The Buyer shall indemnify the Seller against any loss or damage suffered by the Buyer as a result of any claims brought against the Seller by any third party for: any loss, injury or damage caused by the goods or their use any loss, injury or damage in any way connected with this contract provided that this clause will not require the Buyer to indemnify the Seller against any liability for the Sellers own negligence.
11. Waiver | No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
12. Force Majeure | The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
13. Severance | If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
14. Changes to Terms and Conditions | The Seller shall be entitled to change these Terms and Conditions at any time.
15. Governing Law and Jurisdiction | These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998 and the EU Privacy and Communications Directive). This includes information submitted voluntarily by you through a form or gathered automatically as you visit this website.
You should not submit any sensitive or private information through this website except through acknowledged secure areas. The owners of this website accept no responsibility for data submitted through insecure areas of this website.
By submitting your contact details to us, we may contact you or send you marketing materials. We will give you the chance to refuse any marketing email from us in the future.
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If you have any questions/comments about privacy, you should contact us.
1.1 Bookings are accepted on these terms and conditions only (including the relevant parts of our DVD Content Description). No condition may be added, omitted or altered unless we have agreed it in writing with you.
1.2 Any addition omission or alteration that we may agree does not affect any other term or condition.
1.3 When you sign the booking form, you will be deemed to have read and accepted these terms and conditions
1.4 You specifically confirm to us that the information that you have provided in the booking form (and any other forms) is true and accurate in all respects
2.1 Once a booking has been accepted you must immediately pay the deposit that we have agreed. Until we have received the deposit (and if by cheque, that cheque has cleared) we are under no obligation to carry out any of our obligations. Please note that this contract remains in force even if you have not paid the deposit and we shall be entitled to enforce it.
2.2 You must pay us the balance of the Price (shown on the booking form and or booking confirmation letter) in full (and if by cheque that cheque has cleared) at least 21 days before the date when the Event is to take place. If you do not do so we will not have any liability to you, and if we so decide we shall be entitled in our absolute discretion to forfeit the whole or part of the deposit.
2.3 If you cancel this booking:
(1) more than 90 days before the date of the event then the deposit will be forfeited, but no further sum is payable by you;
(2) within 90 days of the date of the event a sum amounting to 50 per cent of the Price is payable by you;
(3) within 30 days of the date of the event a sum amounting to 95 per cent of the Price is payable by you.
2.4 Any cancellation must be notified to us in writing addressed to us at the address shown in the booking form.
2.5 The Price is based on a recording time that does not exceed the following limits: Bridal Preparations – 30mins, Guest Arrivals – 45mins, Ceremony – 1hr, Reception 1.5hrs, Speeches – 1hr, Evening 1.5hrs (between 7pm – 9pm). An extra charge is payable in the event of recording time running over this time for whatever reason. When Booking the Deluxe Package and Evening (Or attendance over 6 hrs) A hot meal must be provided for each videographer.
2.6 Interest will be charged on late payments at the rate of 2.5% per calendar month or part month on any overdue balance.
Restrictions on our liability to you. (Please note this section is important and should be carefully read by you since it limits your rights. Please ask us if you need any further clarification).
3.1 We will make every reasonable effort to secure a replacement cameraman if for any reason the cameraman is unable to carry out the engagement. In those circumstances however, our liability to you is limited to making a refund of the sums that you have paid us in respect of the booking. We will be entitled to deduct any out of pocket expenses that we have reasonably incurred or paid to a third party.
3.2 Although we make every reasonable effort to ensure that all the equipment we use for your Event is in sound working order, if a problem with the equipment should arise our liability to you is limited to making a refund of the sums that you have paid us in respect of the booking. We will be entitled to deduct any out of pocket expenses that we have reasonably incurred or paid to a third party. In the event of a part of the Event being recorded we will in that case return a fair proportion of the Price.
3.3 Although we will use every reasonable effort to record significant parts of the Event (including any part of the ceremony) the decision as to what is comprised in the recording is in our absolute discretion. We can give no assurance that we will successfully record any particular aspect of the Event (even though you may have asked us to do so), and any failure by us to capture any particular aspect of the Event or failure does not give you any right to refuse to pay the Price or obtain a refund. This includes any production problems beyond our control, e.g. bad weather (including moderate to heavy rain which may limit or damage the operation of our equipment outdoors), accidents, poor acoustics/lighting, interference from guests, restrictions imposed etc.
3.4 We will work with Health & Safety in mind at all times, the cost of any of our equipment damaged or interfered with by anyone including non quests at the wedding event will be charged to and made payable by you. As a result, we cannot ensure that filming can be continued.
3.5 We will work respectfully and responsibly at all times, we are entitled to stop filming the event if anyone is abusive or disrespectful to any of our staff.
3.6 When you enter into this booking you accept that we cannot accept any liability whether it is a financial or any other kind of loss, which arises either as a direct result or as an indirect result or as a consequence of any failure by us of our obligations to you in this booking except for our obligation to return all or part of any sums that you have paid to us in accordance with these conditions.
3.7 We do not exclude our liability to you for any death or personal injury or damage to property that may have been caused by our negligence or that of any of our employees.
3.8 We will carry out services with all reasonable care and skill. You accept that any other warranty or legal obligation on our part or placed on us by any legislation (such as the Supply of Goods and Services Act 1982 and the Sale of Goods Act 1993) or arising under common law is excluded in so far as it possible to do so.
3.9 Although these exclusions or limitations may appear to be comprehensive you agree that it is fair and reasonable for us to limit our liability. This is because if we were to accept additional liability we would need to insure against that liability or loss which will then increase our prices. You accept that you understand this and agree that it is reasonable to us to limit our liability in this way.
Ownership of the Master Tape and copyright
4.1 The master tape remains our property. Copyright in the master tape is vested in us. This means that:
(1) we reserve the right to dispose of the master tape in our absolute discretion.
(2) we do not accept liability in relation to any loss of and/or damage to the master tape.
(3) neither you nor any one on your behalf are allowed to make any copies of any tapes, discs or other recorded media unless we have agreed in writing that you may do so. Please note that the copying of tapes or discs without our consent is a breach of copyright for which you may be liable in damages
4.2 Master tapes or discs are kept for a period of one year. The ‘editing project files’ is only retained for a period of eight weeks after you have received your DVD, alterations cannot be made thereafter without re-charging the full editing costs.
4.3 We reserve the right after you have received your copy of the DVD, to show the disc or part of it to any prospective client who may wish to see a sample of our work, or to enter the disc into competitions or use extracts in our show reel. We will not however release any part of your video for a public showing or broadcast without your prior written consent.
4.4 We confirm that we will comply with the provisions of the Data Protection Act 1998 as it relates to your personal data. Please note that we shall be entitled to assume unless you inform us otherwise prior to the Event that all persons attending the Event have consented to being recorded.
5. If you ask us to provide any extra services after you have signed the Booking form these may be subject to additional payments which we will agree with you. Those extra services will, if accepted by us, be carried out on the basis of these terms and conditions.
6.1 Please note that it is your responsibility to obtain the consent from the owners of the ceremonial location or other venue where the Event is being held and all other persons involved in the Event, such as any person conducting the ceremony, the choir organist and other musicians to record the Event before it takes place and to pay any fees charged by them. If you fail to do so, this may mean that we are unable to record the ceremony or the Event or release the DVD to you until that consent (which is required for copyright reasons) has been obtained.
6.2 We will assume that all your guests and persons associated with the wedding will be aware that they may be filmed intentionally or unintentionally at various times of the day. We film discreetly and show respect to each persons privacy and it is never our intention to cause any upset. However, you or the person concerned must politely inform us as soon as possible if anyone does not want to be directly involved in the video or if there is a sensitive issue that may cause upset. All sound recorded is treated confidentially.
Schedule and Quality Control
7.1 We will try to agree a schedule of contents of the recording with you. Please note that the contents of that schedule does not form part of our agreement with you.
7.2 We will assume that you accept the quality of the finished DVD unless you tell us to the contrary in writing within 2 weeks of the DVD being sent to you. Completion of the DVD may take between 2 to 12 weeks to complete. We cannot guarantee that our Blu Ray discs are compatible with all players. To keep costs to a minimum for you we use our standard editing style as shown in our showreels, and our editing is chosen to meet this standard style. Consequently the edit provided is ‘final’ and is not subject to amendment without a further charge for labour and materials unless it is a technical error unforeseen by ourselves. If you do notify us within 2 weeks you must also tell us what your complaint is in as much detail as possible. If we do not receive any complaint within that period we shall be entitled to assume that you are satisfied with it and we will then be under no further obligation to accept any complaint, unless we then agree.
7.3 We will use all reasonable efforts to deal with any complaint promptly and if it is something that is justified and we can remedy, we will do so. If we do not consider your complaint to be valid then we will tell you promptly.
7.4 If you disagree with our assessment you may write to our professional association’s Arbitration Service and request them to investigate the matter. Their details are:
The Institute of Videography.PO Box 625. Loughton IG10 3GZ
7.5 In referring a complaint to them we will agree to comply with their decision which will also be binding on you.
8. In these terms and conditions
“us” and “our” means “David Pearson Videography & North Wales Wedding Videos” or their authorised representative,
“you” is the person or persons making the booking and who are entering into the legal obligation,
the “Booking form” is the form signed by you set out overleaf (which forms part of this Agreement)
“Price” and “Deposit” means the contract price payable to us for our services and the advance deposit respectively,
the “Event” is the ceremony and associated activities that you have asked us to record and which is detailed in the Booking form.
“References to “DVD” or “disc” or “tape” or “video tape” includes any format or media on which the recording is made or delivered.
Average DVD Running Time: 4-8 mins (consisting of individual 4 to 10 second shots)
Music and Sound: A selection of modern music mixed with location sound.
Establishing external shots of bridal preparations location (Home). Establishing shots of wedding dress, flowers, cards etc. (if available). Shots of bride, bridesmaids and family members during preparations – may also include coverage of stills photography. (Does not include bride departing if at a separate venue than the ceremony)
Guest Arrivals (included in Classic and Deluxe Package)
Average DVD Running Time: 5-10 mins (consisting of individual 4 to 10 second shots)
Music and Sound: A selection of classical music mixed with location sound.
Establishing external and internal shots of church or ceremony venue. Shots of guests arriving. If time and availability allows shots of groom, best man and ushers – may also include coverage of stills photography. Shots of bridesmaids and bride arriving.
Ceremony (included in Classic and Deluxe Package)
Average DVD Running Time: Church 30-40 mins, Civil Wedding 10-20 mins.
Music and Sound: Mainly live location sound source, (however, some additional music may be used to improve the flow of the video).
Shots of guests, groom and best man awaiting the arrival of the bride. Shots of bridesmaids and bride walking down the aisle dependent on the dynamics of the church or venue and any other restrictions imposed by the venue. Full coverage of the ceremony with both front and rear shots (some limited discretionary cuts may be undertaken to improve the overall flow of the ceremony). Shots of the signing. Bride and groom leaving the ceremony.
Confetti, Photoshoot, Pre Reception (included in Classic and Deluxe Package)
Average DVD Running Time: 5-10mins (consisting of individual 4 to 10 second shots)
Music and Sound: A selection of modern uplifting music mixed with live location sound.
Shots of bride and groom and guests. Confetti Shot Shots of bride and groom leaving the ceremony for the reception (if applicable)*. Shots of bride and groom arriving at the reception (if applicable)*.
*Please note: we can not guarantee that both these shots can be covered.
External establishing shots of wedding reception. Shots of bride and groom and guests at the reception including some coverage of the stills photography. (Please note: the Classic package only has limited coverage – we will attend to film up until 30mins after the ceremony. Speeches and Extras cannot be booked with the Classic Package. The Deluxe package provides full coverage up until you sit down for your wedding breakfast).
Speeches (included in Deluxe Package)
Average DVD Running Time: 20-60 mins,
Music and Sound: Mainly live location sound source, however, some additional music may be used to improve the flow of the video).
Shots of the wedding breakfast room and decorations. Some shots of the receiving line (if applicable) .Shots of the bride and groom entering the wedding breakfast. Full coverage of the speeches with both speakers and guests (some limited discretionary cuts may be undertaken to improve the overall flow of the speeches). Cutting the cake (if applicable)
Average DVDRunning Time: 5-10 mins
Daytime messages – guests are encouraged to approach the camera operator throughout the day. Evening messages – A quiet area needs to be provided at the venue. Guests need to be advised of the message facility via the DJ, Toastmaster or Best man.
Although we will make every attempt to encourage guests to provide a message we cannot guarantee guests will participate. Please note, regardless of the number of messages (even if there are no participants) provided, the fee is not refundable due to set-up costs.
Average DVD Running Time: 5-10 mins (consisting of individual 2 to 10 second shots).
Music and Sound: A selection of modern upbeat music mixed with location sound.
Full coverage of first dance. Shots of guests at the venue. A selection of shots of any live entertainment (ie bands, fireworks, Chinese lanterns)
Average Running Times
Classic package 20 – 60 mins
Deluxe package 40 – 2hrs