Terms and Conditions

The images on this website are the property of the photographer.  You may not copy them or make use of them in any way without the written permission of the photographer.  Should you wish to own a digital copy of one of these images, please read these terms and conditions carefully before emailing the photographer to arrange a purchase.

1.     Definitions

In these terms and conditions the following terms shall have the following meanings:

  1. ‘The Photographer, I, me, he ‘- Nigel Williams/www.flashofdarkness.com
  2. ‘You, your’ – You, the Customer.
  3. ‘Contract’- A contract for the sale of the Images by The Photographer to you.
  4. ‘Images’- The Images forming the subject of a Contract.
  5. ‘Website’- This Website, the address of which is: www.flashofdarkness.com

2.     Contact Details

The Photographer can be contacted by direct messaging on Twitter:  @Flashofdark

3.     Price

The Price of the Images, or their terms of use if supplied at no cost, is available upon request. The price will be quoted in Great Britain Pounds Sterling and includes all taxes or other duties due, charged at the rate or rates applicable at the date of confirmation of order and includes delivery via email.

4.     Payment

Payment is made by using a PayPal account.

5.     Contract

Once you supply your your details and the details of the Images you wish to purchase  you are offering to purchase the Images at the price agreed via email  subject to these terms and conditions.

The Contract for the sale by The Photographer to you of the Images is completed when I send to you confirmation of the Sale of the Images via email.

The Photographer reserves the right at his sole discretion to refuse to complete a contract for the sale of Images to you.

6.     Delivery

Delivery of Images will be via email. If delivery of the Images is delayed due to any cause beyond my reasonable control (e.g. email bounce back), I will attempt to contact you.

Once your order has been placed and payment completed, your Images will be despatched to you as soon as possible. In any event, delivery will take place within 10 working days, commencing on the day after you have forwarded your order. If for whatever reason the Images which you have ordered are not available, I will inform you as soon as possible and will provide a full refund of any money paid by you within a 30 day period.

7.     Claims

You should examine the Images upon your receipt of them. If you consider the Images in any way unfit you must notify me in writing at the email address in clause 2, within seven working days of your receipt of the Images. I will then refund your payment.

8.     Liability

No addition to, deletion from or alteration to or adaptation of an image may be made without the written permission of the Photographer.

While the Photographer takes all reasonable care in the performance of this agreement generally, he shall not be liable for any loss or damage suffered by you or by any third party arising from use or reproduction of any image or its caption.

The Photographer will not be liable to you for any loss or damage which you suffer as a result of any breach by him of this contract, including, but not limited to, consequential loss to you and/or loss or damage to the property of third parties. In any event his liability to you arising directly from his negligence will not exceed the invoice value of the Images.

The Photographer makes every effort to ensure that this Website is free from viruses or defects. However, he cannot guarantee that your use of this Website or any website accessible through it will not cause damage to your computer. It is your responsibility to provide adequate protection for your equipment which you use to access this Website. The Photographer will not be liable to you or to anyone else for any loss or damage which may be caused to any equipment arising as a result of your use of this Website.

9.     Data Protection

Please refer to the website’s privacy policy.

10.  Copyright

The Photographer asserts the moral right to be identified as the author of the work. This right is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988 of the United Kingdom.   All images on this Website are protected by the law of copyright.  All rights in this Website, including Copyright, are owned and retained by Nigel Williams/www.flashofdarkness.com at all times throughout the world.

11.  Reproduction Rights

Reproduction rights, unless otherwise agreed in writing, are:

  1. Subject to these terms and conditions
  2. Non-exclusive reproduction rights for the purposes of printing the image for your personal use only.
  3. Personal to you and not assignable by you to any third party including the internet for any purpose.

The Images shall not be altered or manipulated, added to, or have any part deleted without my prior written consent.

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

You may not  transmit the Images from this site except so far as is wholly necessary to the process of producing items licensed by The Photographer – i.e. to a printer to print the image.

12.  Law and Jurisdiction

The contract shall be governed by English law and you and I consent to the exclusive jurisdiction of the courts of England and Wales. If you access the Website from locations outside of England and Wales you are responsible for complying with any laws applicable to that territory.