The DPA & GDPR May 2018
This website complies with the DPA (Data Protection Act 1998) and already complies with the GDPR (General Data Protection Regulation) which comes into effect from May 2018. We will update this policy accordingly after the completion of the UK’s exit from the European Union.
What are cookies? Cookies are small files saved to the user’s computers hard drive that track, save and store information about the user’s interactions and usage of the website. This allows the website, through its server to provide the users with a tailored experience within this website.
Users are advised that if they wish to deny the use and saving of cookies from this website on to their computers hard drive they should take necessary steps within their web browsers security settings to block all cookies from this website and its external serving vendors or use the cookie control system if available upon their first visit.
Website visitor tracking
This website uses tracking software to monitor its visitors to better understand how they use it. The software will save a cookie to your computers hard drive in order to track and monitor your engagement and usage of the website, but will not store, save or collect personal information.
Adverts and sponsored links
This website may contain sponsored links and adverts. These will typically be served through our advertising partners, to whom may have detailed privacy policies relating directly to the adverts they serve.
Downloads & media files
Any downloadable documents, files or media made available on this website are provided to users at their own risk. While all precautions have been undertaken to ensure only genuine downloads are available users are advised to verify their authenticity using third party anti-virus software or similar applications.
We accept no responsibility for third party downloads and downloads provided by external third party websites and advise users to verify their authenticity using third party anti-virus software or similar applications.
Contact and communication with us
Users contacting this us through this website do so at their own discretion and provide any such personal details requested at their own risk. Your personal information is kept private and stored securely until a time it is no longer required or has no use.
Where we have clearly stated and made you aware of the fact, and where you have given your express permission, we may use your details to send you products/services information through a mailing list system. This is done in accordance with the regulations named in ‘The policy’ above.
Email messages and marketing
Email marketing messages sent after a visitor has supplied their contact information and consented to being contacted may contain tracking beacons / tracked clickable links or similar server technologies in order to track reader activity within email marketing messages. Where used, such marketing messages may record a range of subscriber data relating to engagement, geographic, demographics and already stored subscriber data.
External website & third parties
Although we only look to include quality, safe and relevant external links, users are advised to adopt a policy of caution before clicking any external web links mentioned throughout this website.
We cannot guarantee or verify the contents of any externally linked website despite our best efforts. Users should therefore note they click on external links at their own risk and we cannot be held liable for any damages or implications caused by visiting any external links mentioned.
Social media policy & usage
We adopt a Social Media Policy to ensure our business and our staff conduct themselves accordingly online. While we may have official profiles on social media platforms users are advised to verify authenticity of such profiles before engaging with, or sharing information with such profiles. We will never ask for user passwords or personal details on social media platforms. Users are advised to conduct themselves appropriately when engaging with us on social media.
There may be instances where our website features social sharing buttons, which help share web content directly from web pages to the respective social media platforms. You use social sharing buttons at your own discretion and accept that doing so may publish content to your social media profile feed or page.
You have the right to obtain from Peter Nutkins Photographer free information about your personal data stored at any time and a copy of this information. Furthermore, you have access to the following information about data processing:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
- the existence of the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
You have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the you have the right to be informed of the appropriate safeguards relating to the transfer.
You have the right to obtain from Peter Nutkins Photographer, without undue delay, the rectification of inaccurate personal data. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
You have the right to obtain from Peter Nutkins Photographer the erasure of personal data concerning you without undue delay, and Peter Nutkins Photography has the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- You withdraw consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
- You object to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) of the GDPR.
- The personal data have been unlawfully processed.
- The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
You have the right to obtain from Peter Nutkins Photographer restriction of processing where one of the following applies:
- The accuracy of the personal data is contested by the data subject, for a period enabling Peter Nutkins Photography to verify the accuracy of the personal data.
- The processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead.
- Peter Nutkins Photography no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
- You have objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of Peter Nutkins Photography override yours.
You have the right to receive the personal data concerning you, which was provided to Peter Nutkins Photographer, in a structured, commonly used and machine-readable format. You have the right to transmit those data to another controller without hindrance from Peter Nutkins Photography to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
You have the right to withdraw your consent to processing ofyour personal data at any time.
In all of these cases please contact Peter Nutkins Photographer directly.
(Last updated Jan 2019)
Terms and Conditions
IMPORTANT LEGAL NOTICE ATTENTION: This legal notice applies to the supply of products by Peter Nutkins Enterprises Limited (the Company) to you (the customer). Please read these terms carefully before confirming an order. By confirming an order you indicate that you accept these terms. If you do not accept these terms please do not place your order. This notice is issued by Peter Nutkins Enterprises Limited, a UK registered company (No. 10781892).
The Company may revise this legal notice at any time by updating this posting, which can be found on our website at www.peternutkins.com. You should check this website from time to time to review the current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this website.
How the contract is formed between us
All orders are subject to availability and subject to the Company’s acceptance of your order. When you place an order we will confirm the product(s) availability and price(s) and any other costs (including shipping). If the customer accepts the costs and confirms the order we will send an initial invoice and reserve the product until payment has been received. The reservation period will be at the company’s discretion and stated on the invoice. The contract between us will be formed upon payment of the invoice. The Company reserves the right to reject any order without the obligation to assign any reason for so doing.
Copyright and license
The company retains the copyright of all products. Unless a specific license is granted by the company, you are not permitted to reproduce products, or any part of our products, in any shape or form, subject to the conditions prescribed under UK Copyright law and similar legislation that applies in your location.
All product(s) specifications are as described in the product description, shown prior to purchase. The Company will review the product specifications occasionally so reserves the right to amend the specifications of any our product(s) without prior notice (with the exception of Limited Edition prints where editions have been sold previously).
Pre-ordered products, in particular, are subject to variations in product specification and appearance.
The Company endeavours to display and describe as accurately as possible the colours of our product(s) which appear on our website or product descriptions, but cannot undertake to give any assurance that the colours of product(s) supplied will exactly match those displayed on your monitor. This is a consequence of multi-standard colour systems, notably the international screen based colour system of RGB and the print colour system of CMYK.
Prices and VAT
All listed prices normally include VAT unless stated otherwise. The current UK rate of VAT at 20% will normally be applied to our printed photographs. Books are normally zero-rated (0%VAT).
Orders sent to private customers outside the EU, or orders sent to VAT registered companies within the EU, can also qualify for zero-rated or reverse-charge VAT. We will confirm this when an order is raised with us. Please check with your tax office if you are unsure if the rate applies to you.
All prices exclude shipping and additional services (e.g, framing) unless stated otherwise.
The customer must make payment immediately following receipt of the initial invoice. The time period allowed for making payment will be stated on the invoice. If we do not receive payment within the specified period we may choose to cancel the order, cancel the reservation for the allocated product, and refuse the customer future reservations for that product.
It is the customer’s responsibility to ensure that the payment, or proof of sending payment, is received by us within this time limit. Orders will not be processed until receipt of full cleared payment so it is in the customer’s interest to pay promptly.
You undertake that all details provided to the Company for the purpose of the Order and its delivery will be correct and that the chosen method of payment is the property of the Company and that sufficient funds or credit facilities are available to cover the full cost of the product(s) ordered. The Company reserves the right to obtain validation of your credit card, debit card or PayPal details before accepting your Order.
Prices are normally in £GBP, but we also accept payments in USD and EUR.
Orders will normally be processed and shipped within 5 working days of receipt of cleared payment unless stated otherwise. During periods of high demand this may be extended but we will notify the customer if we anticipate there being a longer order processing period.
Delivery / Shipping
The delivery address and method of delivery of the product(s) will be as shown on the invoice. The Company will endeavour to process the order and manufacture the product(s) in accordance with the time periods, charges and methods described in the invoice. Any time periods quoted for delivery are indicative only. We reserve the right to refuse delivery to some destinations.
You must inspect the product(s) on delivery and, in the case where product(s) have been delivered by carrier, sign the required proof of delivery document or collection acceptance document. A signature on that document will constitute receipt of the associated order free from any apparent defect or damage. If the product(s) are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by you or on your behalf.
Where a signature is required for proof of delivery you are responsible for ensuring that you, or an authorised recipient, is available at the time of delivery. If the item is subsequently returned to the company, and we have provided sufficient prior notification for that delivery, we may incur an additional charge for any subsequent re-delivery attempt which we will pass on to the customer.
Place note that orders destined for outside the EU are sometimes subject to import taxes, payable by the customer. For further guidance on customs charges we recommend visiting www.simplyduty.com/import-calculator/ (*use HS code 9702 for photographic prints).
If an order is damaged in transit please do not sign for acceptance of the delivery. We will require the courier to return the damaged product to us so that we can send a replacement or issue a refund accordingly.
If an order is confirmed lost or stolen in transit we will issue a full refund or replacement (subject to availability of further editions).
Rights of cancellation
The customer has the right to request cancellation of an order in accordance with the UK Sales of Goods Act. If you wish to request cancellation please send an email to firstname.lastname@example.org. Please note that bespoke items or items produced on demand are not covered by Distance Selling Regulations.
While the Company endeavours to ensure that the information on the website and product lists are correct, the Company does not warrant the accuracy and completeness of the material on the website or product lists. The Company may make changes to the material on the website or product lists, or to the product(s) and prices described in it, at any time without prior notice.
Governing law and jurisdiction
This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
We accept no liability for any failure to comply with this agreement where such failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under this agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of the terms of this agreement are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
(Last updated Jan 2019)