Terms and Conditions

1. Acceptance of Terms

By booking a photography session, placing an order, or using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, along with our:

• Privacy Policy
• Refund Policy
• Returns Policy
• Cancellation Policy

If you do not agree with any part of these terms, you must not use our services or website.

2. About Exquisite Photography

Exquisite Photography is a professional photography business based in South Africa, providing:

• Professional photography services (portraits, events, commercial)
• School photography programmes
• Custom print products and digital downloads
• Photo editing and retouching services
• Online gallery and ordering services

3. Booking and Appointments

3.1 Session Bookings

• All photography session bookings must be confirmed in writing (email or written confirmation)
• A deposit may be required to secure your booking date
• Deposits are non-refundable except as outlined in our Cancellation Policy
• Session times are estimates and may vary based on conditions and circumstances

3.2 Client Responsibilities

• Arrive on time for scheduled sessions
• Provide accurate contact information and delivery addresses
• Inform us of any special requirements or accessibility needs in advance
• For school photography, ensure necessary permissions and consents are obtained
• Ensure children are supervised and cooperative during sessions

3.3 Cancellations and Rescheduling

All cancellations and rescheduling requests are governed by our Cancellation Policy, which includes:

• Timeframes for cancellation with full, partial, or no refund
• Rescheduling fees based on notice provided
• Force majeure circumstances
• Photographer-initiated cancellations

4. Payments and Pricing

4.1 Payment Terms

• All prices are in South African Rand (ZAR) unless otherwise stated
• Prices are subject to change without notice but confirmed bookings honour quoted prices
• Payment can be made via EFT, credit card, or other approved payment methods
• Full payment is required before delivery of products or digital files
• We reserve the right to charge interest on overdue accounts

4.2 Deposits

• Deposits secure your booking date and are applied to the final balance
• Deposit refunds are subject to our Cancellation Policy
• Deposits are typically 30-50% of the total estimated cost

4.3 Additional Fees

• Travel fees may apply for locations beyond our standard service area
• Rush processing fees for expedited delivery
• Late payment fees as permitted by law
• Rescheduling fees as outlined in our Cancellation Policy

5. Copyright and Intellectual Property

5.1 Copyright Ownership

Exquisite Photography retains full copyright and intellectual property rights to all photographs, images, and creative works produced during photography services. This includes:

• Original photographs and images
• Edited and retouched versions
• Digital files and negatives
• Proofs and previews

5.2 Usage Rights Granted to Clients

Upon full payment, clients receive a limited, non-exclusive license to:

• Display images for personal, non-commercial use
• Share on personal social media accounts (with photographer credit appreciated)
• Print additional copies for personal use
• Use for personal website or blog (non-commercial)

5.3 Restrictions on Usage

Without written permission, clients may not:

• Use images for commercial purposes or advertising
• Sell, license, or sublicense images to third parties
• Remove watermarks or copyright notices
• Alter images and present them as the photographer's work
• Enter images into competitions without photographer consent
• Claim copyright or ownership of the photographs

5.4 Photographer's Rights to Use Images

Unless specifically restricted in writing, we reserve the right to:

• Use images for portfolio and promotional purposes
• Display images on our website and social media
• Submit images to photography competitions and publications
• Use images for marketing and advertising our services

Clients may request that their images not be used publicly by notifying us in writing. This is handled in accordance with our Privacy Policy.

6. Privacy and Data Protection

We are committed to protecting your personal information in accordance with POPIA (Protection of Personal Information Act, 2013). Our Privacy Policy explains:

• What personal information we collect and how we use it
• How we protect and store your data
• Your rights under POPIA (access, correction, deletion, objection)
• How we handle children's personal information
• Our use of cookies and tracking technologies
• How to exercise your data protection rights

Key points include:

• We never sell your personal information to third parties
• We require explicit consent before using images for marketing purposes
• Special protections apply to children's images and information
• You have the right to request deletion of your images and personal data

7. Product Orders, Delivery, and Quality

7.1 Ordering Process

• All orders must be placed through our website or confirmed in writing
• Orders are subject to availability and acceptance
• We reserve the right to refuse or cancel orders for any reason
• Order confirmation will be sent via email

7.2 Delivery

• Estimated delivery times are provided but not guaranteed
• Delivery within South Africa via reputable courier services
• Risk of loss transfers to customer upon delivery
• Customers must inspect items upon delivery and report damage immediately
• Delivery delays due to courier or force majeure are beyond our control

7.3 Quality Standards

• We guarantee prints are free from manufacturing defects
• Colour variations between screens and prints are normal
• Print quality depends on the resolution of source images provided
• We recommend minimum 300 DPI for optimal print quality
• Custom orders are final once approved by the customer

8. Refunds and Returns

Our Refund Policy and Returns Policycomply with the Consumer Protection Act 68 of 2008 and outline:

8.1 Refund Eligibility

• Defective products or printing errors
• Damage during delivery
• Wrong items delivered
• Goods not matching description
• Items not fit for purpose

8.2 Returns Process

• Returns must be authorised within 7 days of delivery for eligible items
• Return Authorisation Number (RAN) required before returning items
• Items must be returned in original condition with packaging
• We cover return courier costs for defective or incorrect items

8.3 Non-Returnable Items

• Custom-made products (unless defective)
• Digital downloads after delivery
• Change of mind on personalised items
• Items damaged after delivery (unless due to defect)

8.4 Refund Timeline

• Refunds processed within 3-5 business days after inspection
• EFT refunds reflect in 1-3 business days
• Credit card refunds take 5-10 business days

9. Liability and Limitations

9.1 Limitation of Liability

To the fullest extent permitted by law, Exquisite Photography's liability is limited to:

• The total amount paid by the client for the specific service or product
• Refund or replacement of defective products
• Re-shoot of photography session (subject to photographer availability)

9.2 Circumstances Beyond Our Control

We are not liable for failure to perform due to:

• Acts of God (floods, fires, natural disasters)
• Government restrictions or regulations
• Public health emergencies
• Equipment failure or theft
• Courier delays or loss
• Power outages or internet failures

9.3 Data Loss

• We maintain backups of images but are not liable for data loss due to equipment failure, theft, or disaster
• Clients are encouraged to order and backup their images promptly
• We typically retain images for 1-2 years but this is not guaranteed

9.4 Third-Party Services

• We are not responsible for third-party printing labs, couriers, or service providers
• We will assist in resolving issues with third parties but are not liable for their actions

10. Consumer Protection Rights

Under the Consumer Protection Act 68 of 2008, you have the right to:

• Receive goods and services of good quality
• Fair and honest dealings
• Fair and responsible marketing
• Protection from unfair contract terms
• Return defective goods within 7 days
• Clear and accurate information about products and services

If you are not satisfied with our resolution of your complaint, you may:

• Contact the Consumer Goods and Services Ombud
• Lodge a complaint with the National Consumer Commission
• Approach your provincial Consumer Protection Authority
• Call the Consumer Protection Helpline: 0860 003 600

11. Website Use and Online Gallery

11.1 Account Security

• You are responsible for maintaining the confidentiality of your account credentials
• Notify us immediately of any unauthorised account use
• Do not share your gallery access codes with unauthorised persons

11.2 Prohibited Activities

You may not:

• Download images without proper authorisation or payment
• Attempt to bypass watermarks or security measures
• Share gallery passwords publicly or with unauthorised persons
• Use automated tools to download or scrape images
• Upload malicious code or engage in hacking activities
• Misuse or abuse our website or services

11.3 Gallery Access

• Online galleries are password-protected and available for limited time periods
• Gallery access typically expires after 30 days
• Extended gallery hosting may be available for an additional fee
• Deleted galleries cannot be recovered

12. School Photography Programmes

12.1 School Arrangements

• School photography is conducted per agreement with the educational institution
• Schools must obtain necessary parental consents for photography
• Weather-related cancellations will be rescheduled

12.2 Parent/Guardian Rights

• Parents have the right to opt out of school photography
• No obligation to purchase photos
• Preview images before ordering (where applicable)
• Request that images not be used for marketing purposes

12.3 POPIA Compliance for Children

• Parental consent required before photographing children
• Special protections for children under 12
• Images of minors not used for marketing without explicit consent
• Parents may request deletion of children's images

13. Dispute Resolution

13.1 Complaint Process

If you have a complaint or dispute:

1. Contact us directly via email or phone
2. Provide detailed information about your concern
3. We will respond within 2 business days
4. We aim to resolve complaints within 5-7 business days

13.2 Escalation

If internal resolution is unsuccessful, disputes may be referred to:

• Consumer Goods and Services Ombud
• National Consumer Commission
• Provincial Consumer Protection Authority
• Mediation or arbitration (if mutually agreed)

13.3 Jurisdiction

• These terms are governed by South African law
• Disputes are subject to the jurisdiction of South African courts
• Consumer Protection Act 68 of 2008 takes precedence over conflicting terms

14. Amendments to Terms

• We reserve the right to modify these terms at any time
• Changes become effective immediately upon posting on our website
• Continued use of our services constitutes acceptance of modified terms
• Bookings made prior to changes are governed by the terms in effect at booking time
• Material changes will be communicated via email to registered users

15. Severability

If any provision of these terms is found to be invalid or unenforceable by a court of law, the remaining provisions shall remain in full force and effect. Invalid provisions will be replaced with valid provisions that most closely match the intent of the original.

16. Entire Agreement

These Terms and Conditions, together with our Privacy Policy, Refund Policy, Returns Policy, and Cancellation Policy, constitute the entire agreement between you and Exquisite Photography and supersede all prior agreements, understandings, and representations.