TERMS & CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DON'T USE THIS WEBSITE.

Website terms and conditions: supply of services to consumers

1. Who are we and our contact details

We are Scalens Studio. We’re a company registered in England and Wales OR Scotland with company number 12077931 whose registered address is at Profile West Suite 2, Floor 1, Brentford, England, TW8 9ES.

You can get hold of us in any of the following ways:

  • by telephoning us on +447835025841;

  • by emailing us at contact@scalensstudio.com.

2. What do these terms do and why are they important?

Please read these terms and conditions carefully before you place an order with us via the website. They contain important information, including

  1. how we will provide you with the services that you have ordered

  2. our payment terms and delivery times

  3. the situations in which this contract may be amended or canceled by you or by us (including within a cooling-off period)

  4. what you should do if there is a fault with the services that we have supplied to you, and

  5. how we will use your details as well as other matters.

If, in these terms and conditions, we say that either of us may contact the other in ‘writing’, then this means it can be by letter or by email.

3. Your personal information

We collect and use your personal information to operate the site and deliver the services you have requested. We may also use your personally identifiable information to inform you of other products or services available from Scalens Studio and its affiliates. We don't sell, rent or lease its customer lists to third parties. We may keep track of the websites and pages our users visit within Scalens Studio to determine what Scalens Studio services are the most popular. This data is used to deliver customized content and advertising within Scalens Studio to customers whose behavior indicates that they are interested in a particular subject area.

We secure your personal information from unauthorized access, use, or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.

4. Order Process and the Contract between you and us

When you place an order with us, the legal contract between you and us will only come into existence when we tell you that we can supply the services to you, which we will usually communicate by email. If we tell you that we cannot supply the services to you for whatever reason, then we will not charge you for them. If we tell you that we are unable to supply the services, and we have already received payment from you, then we will promptly refund you for any services that we cannot supply to you.

Make sure you provide the correct information for booking the photoshoot: name, email, phone number, etc. If you fail to provide your correct email address, we will not be responsible for any damage you suffer as a result of not receiving our communications. We will not take any responsibility for any damage you suffer as a result of not receiving our communications, where that non-receipt is caused by our emails being quarantined in the spam or junk folders, or by other factors outside of our control. If you do not receive a confirmation email within an hour after booking, please contact us at contact@scalensstudio.com to ensure that we have your correct contact details.

5. Changes to services

If you would like to make a change to the services for which you have already placed an order, please contact us DESCRIBE YOUR PREFERRED MEANS OF BEING CONTACTED. We will always be willing to discuss with you whether the change you would like to make is possible and whether there are likely to be any changes to price, times for delivery, any suspension period whilst any changes are made, or any other consequences or changes arising from your request. If your requested change is possible, we’ll ask you to confirm that you would like to continue with the change, to ensure that we’re both clear on how we need to fulfill your request.

In some circumstances, we may need to make minor changes to the services that you ordered. As these are minor changes and will not affect your use of the services we will not usually contact you about these. These minor changes are likely to be:

  • because we need to update the services to implement a change in the law or a regulatory requirement; and/or

  • because we need to make minor technical changes or enhancements that will not affect your use or enjoyment of the services.

  • because the weather conditions - create a safety concern, (for example strong storms, resulting in injury, and damages) either before or during the photo shoot, we may reschedule our session or offer a refund. We may be conducted at all times of the year and in all weather conditions. However, we may our discretion, vary the photo shoot location to better capture your photos taking the weather into account. Keep in mind we are not responsible for the weather conditions. The Photoshoot is conducted rain or shine.

It is possible that exceptionally, we may need to make a more major change to the services. If these exceptional circumstances arise about an order that you have placed with us, then we will contact you before we make the change to let you know. If you do not want to proceed with the change, you’ll be entitled to cancel the contract, and section 13 (cancellation terms) of these terms and conditions will apply.

Reschedule

We offer free-of-charge reschedules if you submit your request 96 hours (4 days) before your photoshoot date. We don't accept any responsibility for the inaccuracy of the dates. There will be a certain amount of penalty if you submit it afterward. Reschedule is possible for up to two months (for example make reservations in January, possible reschedule up to March). Between 48 hours (2 days) and 96 hours (4 days), your rescheduled request will be free if the existing photographer that is assigned to you is available. Reschedule requests made below 24 hours are an additional charge of £79. Please contact us to submit a rescheduled special request at contact@scalensstudio.com. To protect our business rescheduled bookings are non-refundable. Once a booking has been rescheduled, no refunds will be issued.

6. Payment details

The price of the services will be the price set out on our website at the time when you place your order. Our prices include VAT at the current rate.

We make all reasonable efforts to ensure that we do not make errors with the prices that we charge you. For example, before we accept your order, we usually try to check the website price against our price list in force at the time of your order. However, if an error has been made and the price in the price list is lower than the website price, then we will charge you the price on the price list (being the lower amount). If an error has been made and the price in the price list is higher than the website price, we will contact you to confirm how you would like to proceed (and if you want to cancel the contract, section 13 of these terms and conditions will apply).

Any costs for delivery of the services and other costs associated with the services will be the amounts that were set out in the order process on our website.

The booking fee will be deducted from the cost of your chosen package when calculating the final balance due. You agree to make a full payment or prepayment of non-refundable 50% before we begin to supply the services. The remainder of the price (50%) will be payable automatically when the photoshoot starts. A non-refundable booking fee will confirm your booking, as well as full acceptance of the terms and conditions as published on the website. Titles to all the services remain with us until paid for in full by you. You make the payments using bank transfer, or by Stripe.

We accept payment only by card on our website.

If you choose to pay a deposit of 50% and the remaining payment will fail, and you do not pay us on time, we may charge you interest at the rate of 2% a year above the base rate of the bank from time to time. The interest will accrue each day from the date that the amount you owe us was due, until the date you make payment of the amount that is overdue. It will accrue whether or not it is before or after any court judgment. You must pay the interest to us when you make payment to us of the overdue amount. If you write to us and request it, we will send you a statement of the interest you owe us to date, and the additional amount being added each day.

Travel expenses

Our photographers are local photographers in the city where you will do the photoshoot. Therefore, there are no travel or accommodation expenses. However, if you want your photoshoot to happen in remote places that are outside of Zone 1 in London, there might be an additional charge. Traveling to Zone 2 costs £25, zone 3 costs £40, and zone 4 costs £60. If you have any special requests outside of Zone 4, please check with our support team before your booking.

Other expenses

Renting Red Flying Dress, if there will be any destruction you are fully responsible for it and the cost of it is £1000. Booking a photoshoot with a flying dress you have the option to bring someone of your friend/family member to help us with a dress or you can for an additional cost hire an assistant. The assistant is responsible only for taking care of the dress or any special photographer request. If you have any suggestions you have to inform them during the photoshoot. Entrance fees to such places as Theme parks are not included. Should there be an entrance fee, you will have to pay for the entrance fee for the photographer.

Any payment for additional service: enters, additional editing images, additional person, send for editing and raw images, assistant, personal gift card photoshoot, rent dress is final - without refund.

7. Supply of services

Before you place your order you will choose which date and time would like to meet for the photoshoot. After payment, you will receive a welcome email, where you have to fill out the form and inform us where would you like to take the photos or if you have a special request. One day before our session, around 8 pm, we will send you the meeting place and address where we meet. The confirmation will provide you with full information, including the confirmed date and time of your photo shoot, the contact details of your photographer, what is included, and as well as the meeting place.

You undertake to arrive at the designated meeting place on time. You must contact us in advance to determine the possibility of any delays. If the delay is longer than 10 minutes, the photographer is obliged to treat the booking as a NO SHOW and has the right to cancel bookings without a refund. Any time that has passed from your original start time will be forfeited, and you may shoot for the remainder of the time you have booked. The number of photos delivered may be adjusted to reflect the actual time spent together with your photographer.

We will contact you if we are delayed in supplying the services to you because of circumstances that are not within our control. If we contact you within a reasonable time to let you know about this, then we will not be responsible for any delays due to those circumstances. However, if the delay continues beyond a reasonable amount of time, then you can contact us to cancel the contract, and we will provide you with a refund for any services that you have paid for but have not yet received.

8. Suspension

If something happens that means we must suspend the supply of the services to you, for example:

  • to make minor technical adjustments or to resolve technical issues;

  • to update the services to implement a change in law or any relevant regulatory requirement, then we will contact you to let you know.

We will usually let you know in advance of any suspension unless it is an emergency – in which case, we will let you know as soon as reasonably possible. If we do suspend the supply of services, your payment will be adjusted so that you do not pay for the relevant suspended item during the period of suspension.

If we are going to suspend the supply of a service for more than 30 days then you may contact us to cancel the contract. We will provide you with a refund for the relevant service for which you have made the payment but have not yet received it.

9. Your obligations

We will inform you in the description of the services on our website of the information that we need from you in order to supply you with the services. We will contact you to request this information.

If you don’t provide us with this required information in a reasonable time, or if the information that you give us is not accurate, we may cancel the contract (and the consequences set out in section 14 will apply), or we may charge you for the additional costs that we incur as a result.

If you don’t give us the required information within a reasonable time, we will not be liable to you if this causes a delay in supplying you with the services, or if we do not supply any part of them to you.

If you decide to have a photoshoot on your property, you will need to allow us access to your home. If you do not allow us access to your property at the time and date arranged with you we will contact you for instructions about what to do next and we may charge you for the additional costs that we incur as a result of you not allowing us access. If we are still not able to make arrangements with you for access to your property then we may cancel the contract and the consequences set out in section 14 will apply.

10. If there is a fault with the services

We hope that you are satisfied with the services that we have supplied to you; but if there is a fault with them, then please contact us using the details set out in section 1.

We must supply services to you that meet your consumer rights.

  1. If we have supplied you with services, the Consumer Rights Act 2015 says:

    • You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill.

Your rights as summarised above are in addition to any cancellation rights that you may have during the cooling-off period, which are explained in section 12.

11. Our liability if you suffer loss or damage

If we do not comply with any section of these terms and conditions, or we do not use reasonable care and skill in supplying the services to you, then we are liable to you for loss and damage that you suffer and that we cause, so long as the loss or damage that is caused is foreseeable. Loss or damage is foreseeable if it is obvious to a reasonable person that it will happen because of us breaking the contract, or if it is obvious that it might happen because of something you told us about when we entered into the contract.

Before ordering or participating in any photo shoot, you should be aware of the risks involved. In particular, by agreeing to these Terms & Conditions you agree that you attend your Photoshoot at your own risk. We will not accept responsibility for the loss, theft, or damage to any personal belongings during the photoshoot. For your safety, better not take any expensive items.

If we provide any advice to you, including in any instructions or manuals provided to you with the services, then you should follow these carefully. We will not be liable to you for any damage that is caused due to your failure to follow such advice or instructions.

By booking a photo session with us, you waive or give up certain legal rights, including the right to sue or claim compensation following an accident, now or in the future. You agree to waive any claims, release us from all liability, and agree not to sue Scalens Studio and the photographer, which can be a company, for any personal injury, death, property damage, or other loss that I sustain during or as a result of a Scalens Studio photo session. You as a client, hereby agree as follows:

  • To waive all claims that I have or may in the future have against us, and to release Scalens Studio and the photographers from any liability for any loss, damage, expense, or injury including death that I may suffer or that my next of kin may suffer as a result of my participation in Scalens Studio photo sessions, due to any cause whatsoever, including negligence, breach of contract, or breach of any statutory or other duty of care on the part of Scalens Studio and/or the photographer.

  • To hold harmless us from any liability for any property damages or personal injuries to any third party resulting from my participation in photographic activities or related activities to the photo shoot, which might include walking, hiking, climbing, getting on a boat, or other activities that are related to the photo shoot;

We highly recommend that the customer have health and travel insurance to cover any accidents that may occur. Whether you choose to attend the photo shoot is within your sole control and at your discretion.

You have a perpetual, non-exclusive license to use the photos for personal use only, and under no circumstances may use the images for commercial use, profit, or competition. If you planning to use the images for business, please contact us at contact@scalensstudio.com and we will prepare an invoice for commercial use or/and your business.

12. Cooling-off period and your right to cancel the contract during it

Your rights to cancel during the cooling-off period are in addition to and are separate from your other rights to cancel the contract. Those other rights are set out in section 13 below. The cancellation rights during the cooling-off period do not apply to any purchases that you have made on our website.

If any of the following circumstances apply to the services that you have ordered, then the cancellation rights during the cooling-off period do not apply to you and you will not have the right to cancel the contract in respect of those services because you have changed your mind:

  • if the services have been completed;

  • if the services are for other services related to leisure activities and if the contract for those services is for a specific date;

If you want to cancel the contract because you have changed your mind, you should let us know 7 days before the day of the photoshoot to receive a full refund (excluding services: gift cards, special offers, and digital products. See more in section 17) if you did not use any of our products/services, in one of the following ways:

  • Contact us at contact@scalensstudio.com on the details set out in section 1 and include your name, email address, address, and order details providing a clear statement that you want to cancel.

If you cancel the contract during the cooling-off period after we have begun services because you have requested us to begin the services during the cancellation period (but before we have completed them), then you will have to pay us for the services that we have supplied to you up to the point at which you let us know that you want to cancel the contract because you have changed your mind. The costs will be a proportion of the total price of the services.

13. Your rights to cancel the contract

In addition to your right to cancel the contract during the cooling-off period set out in section 12, if any of the following circumstances apply, you have the right to cancel this contract immediately:

  • we have informed you that there was an error with the price or the description of the services when you placed the order, and you now do not wish to proceed based on the correct price or description;

  • we have informed you that we need to make a major change to the services (see section 5) and you do not want to proceed with the change;

  • there is a significant delay in supplying the services to you, because of circumstances that are not within our control (see section 7);

If you do cancel the contract for any of the above reasons then we will provide you with a full refund credit for the next photoshoot session for any services that you have paid for but have not yet supplied. In certain circumstances, you may also be entitled to further compensation.

If there is a fault with the services that we have supplied to you, please see section 10 of these terms and conditions.

If you want to cancel the photoshoot within less than 7 days, then we may charge you the full amount for costs that we incur due to you canceling the contract.

14. Our rights to cancel the contract

If you don’t comply with your obligations in these terms and conditions, we may cancel the contract. The following are examples of circumstances where we would consider that you have not complied with your obligations:

  • you do not pay us on time and you do not pay us within one day of us telling you that payment is overdue (see section 6);

  • you do not provide us with the information that we have requested from you within a reasonable time (see section 9);

  • if we are supplying services at your property, you do not allow us entry to the property or re-arrange a time for entry to the property (see section 9)

  • if you behave arrogantly, or aggressively, or suggest sexual aspects, we will be required to end the photo session without a refund.

If we cancel the contract because you have not performed your obligations (including those examples listed in section 14.1), we will not provide you with a refund.

15. Copyrights

We may transfer our rights and obligations under these terms and conditions to another organization. Any transfer will not affect your rights under these terms and conditions. You cannot transfer any of your rights or obligations under these terms and conditions to anyone else without first getting our consent in writing.

Copyright Scalens Studio Ltd. All rights reserved. All the text, graphics, design, content, and other works are the copyrighted works of Scalens Studio.

The Scalens Studio retains all copyrights on all images, and creates content, and TikTok videos. You have a perpetual, non-exclusive license to use the photos for personal use only, and under no circumstances may use the images for commercial use, profit, or competition. By booking a photoshoot with us, you agree to let us use the photoshoot pictures at our own discretion on the media channels owned by Scalens Studio, including by not limited to the Scalens Studio (photowalk_in_london, scalensstudio), blog, website, Instagram accounts, apps, newspaper, suppliers, etc. By confirming you read and agree to this release document, you confirm that you are irrevocably giving your consent to Scalens Studio.

You acknowledge that Scalens Studio will own the copyrights of all the photos that Scalens Studio created and produced, and we reserve the right to use them to promote the Scalens Studio business, therefore, you agree to give Scalens Studio consent for all the photographs and videos produced by Scalens Studio to be published, displayed or used for the benefit of Scalens Studio (e.g. editorial, design, and exhibition) and to release all the rights to claim for any the profit or further compensation, in whatsoever manner, that may arise from such use. We reserve all rights not expressly granted by this Agreement in and to the Scalens Studio website and its services. All the rights granted are strictly on the following conditions and terms: You always attribute an electronic copy of the photos as follows: “Scalens Studio, used under licence”

You have the right to revoke the license to the Scalens Studio described in the paragraph above by communicating to us in writing your desire to do so prior to the photoshoot on email: contact@scalensstudio.com, which should include: your first, last name, date of birth, date of the photoshoot, phone number, email address, information about revoking the license. The Document has to be sent at least 24 hours before the photoshoot.

If there is ever any dispute between you and us, then it will be resolved using the law of England and Wales. If you live in England or Wales, we both agree respectively that proceedings will be brought to the English courts. However, if you live in Scotland, you can bring proceedings in Scottish or English courts and if you live in Northern Ireland you can bring proceedings in Northern Irish or English courts.

16. Image delivery

All digital negatives (computer files) remain the property of the photographer. All digital photoshoot packages include a copy of the edited digital negatives to you for your own non-commercial use.

  1. We will endeavor to deliver digital files within 7 business days or 24 hours (depending on the packet). If you are not satisfied on the day of your photoshoot, make sure you bring this to your attention automatically, so that issues may be addressed on the spot, where possible. The images used on our website as an example of Scalens Studio photoshoots are sample photographs, used for illustrative purposes only. Keep in mind we used it only as a guide to the types of photographs you may expect to receive after completion of your photo shoot and do not represent a warranty or guarantee of the final quality or nature of your images, or the work of a specific Photographer. If you remain dissatisfied with your Scalens Studio experience, please contact us directly by email at contact@scalensstudio.com and we will do our best to resolve the issue.

  2. You are obliged to copy the photos within a week of sending the photos. If the photos are not copied within a week, the photographer is not responsible for losses. Restoration of photos will incur an additional fee of £69.99, more you can find here.

  3. You have three options of receiving images:

  • The first option is will choose the images we will edit for you and send within 7 business days. We edit for brightness and color. We do not photoshop images to make people look slimmer, or thinner, or remove objects. We edit to bring out the beauty of the photoshoot. We have our own editing style. You cannot request your own editing style. For a special request for an additional fee, we agree to do advanced editing.

  • The second option is to send you all non-editing images within 24 hours. We will not select the photos and you agree with the quality we are sending and agree that you will edit the images by yourself.

  • Third option (additional fee) we will send you the images within 24 hours, you will choose which images you want us to edit, and from your list of photos to edit, we will send you ready photos within 7 business days.

17. Gift Cards/Special Offers/Digital products

Gift Cards and Digital product orders cannot be canceled or refunded once payment has been processed. GIFT CARD and/or DIGITAL PRODUCT can not be re-sold on any internet site such as eBay, Gumtree, or any other similar site. If the gift card will not be used for 12 months from the day of order, it is forfeited.

Special offers include discounted rates for eligible products/services that are non-refundable. Once a booking or purchase is made under this special offer, it is final and cannot be refunded under any circumstances. These terms and conditions apply specifically to the special offer described in the title of the packages and receive special offers from Scalens Studio Ltd company.

To make sure to get the best time and day, contact Scalens Studio at least 48 hours to make a reservation for the photo shoot, email contact@scalensstudio.com. Keep in mind that Digital Products/Services/Special Offers or/Personalised Gift Card won't be entitled to return. Cannot return customized or personalized digital products and/or gift cards. Gift Cards cannot get the balance of your gift card refunded in cash.

18. Emails and promotions

From time to time we will contact you through email, push notifications, SMS, or another medium, to update you on special promotions or things that are going on with Scalens Studio. But using this service you agree to subscribe to receive these emails and messages. You can unsubscribe at any time by clicking our unsubscribe button at the bottom of the email or by contacting our support team. From time to time we may offer special deals and discounts on our products or services. These special deals come with a reduced price and they are non-refundable. Once you’ve made a payment for a special deal it cannot be refunded, even in the event of cancellations, changes, or other circumstances.

19. Rude clients

You are obliged to show respect and accept all of the above regulations, customs, and traditions that exist within the UK. All additional requests that are not included in the package price will be subject to additional charges. If you behave arrogantly, or aggressively, or suggest sexual aspects, the photographer will be required to end the photo session without a refund.

The Scalens Studio welcomes your questions or comments regarding this Privacy Policy. If you believe that Scalens Studio has not adhered to this Statement, please contact Scalens Studio at: contact@scalensstudio.com

AS A CLIENT I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO BOOKING MY PHOTO SESSION WITH SCALENS STUDIO AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS AND ADMINISTRATORS, ASSIGNS, AND REPRESENTATIVES MAY HAVE AGAINST SCALENS STUDIO