This pre-contract information pack is supplied in accordance with ‘The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which came into force on 13th June 2014.
This pack provides all the relevant information you need to know before entering in to a contract with ‘Kate McCarthy Photography’.
In addition to the information below, you’ll also receive a personalised contract showing a detailed breakdown of each of the features of your wedding photography package.
Consumer Information supplied in accordance with Schedule 2 & 3:
What type of contract is this?
This wedding photography contract is a ‘mixed’ contract which includes both ‘services’ and ‘goods’. The ‘services’ part includes but is not limited to the venue visit, engagement shoot, wedding photography coverage on your wedding day, and the processing and editing of files afterwards. The ‘goods’ refers to the digital download of engagement shoot photographs and the USB drive that contains your wedding photographs.
Who is the contract with?
The wedding photography contract will be with Kate Caouette-McCarthy, trading as ‘Kate McCarthy Photography’.
What’s the total price that I’ll be paying for my photography package?
The total price of your goods and services can be found on your personalised contract. This will be supplied as a PDF for you to check and sign via Signable. Please note, there is no VAT on the prices charged, so the price shown is the price you’ll pay.
When do I have to pay, and when do I get the photographs?
The payment is divided in to a booking fee and a balance payment. The booking fee is due on booking and the balance is due 4 weeks before the wedding date.
File processing and editing will commence following the wedding date and shall be completed within one month for weddings between September – June or within 6 weeks for peak season weddings in July & August. The photos will be available to view in an online gallery once the editing is complete. A link will be sent to you via email once your physical parcel has been posted.
A USB drive containing the wedding photographs will be delivered via Royal Mail Special Delivery to an address supplied by the customer once editing is complete.
What if I have a complaint?
Complaint handling policy:
Any complaints should be made via email. Complaints will be responded to within 7 working days.
I request consumers contact me in the first instance so that I can resolve any issues satisfactorily.
Do I have a right to cancel this contract?
Right to cancel; conditions, time limit and procedures in accordance with regulations 27-38. The consumer has a right to cancel at any time during the cancellation period without giving any reason, and without incurring any liability. A cancellation form is included in this pack, although any written form of cancellation is accepted including email or text. 30(1) The cancellation period ends at the end of 14 days after the day on which the contract is entered into.
If I cancel after 14 days, how much will I need to pay?
If the consumer excercises their right to cancel after having made a request in accordance with regulation 36(1) which stipulate the request must be in writing, the consumer is to be liable to pay the trader reasonable costs in accordance with regulation 36(4).
Cancellation costs for cancellation requests received after the 14 day period are as follows:
14 days after booking and >1 year before the wedding date: £300 (booking fee)
14 days after booking and >6 months before the wedding date: £300 + 25% of balance
14 days after booking and <6 months before the wedding date: £300 + 50% of balance
At what stage would I not be able to cancel?
The circumstances (under regulation 28) in which there is no right to cancel: ‘The consumer ceases to have the right to cancel a service contract under regulation 29(1) if the services has been fully performed, and performance of the service began (b) with the acknowledgement that the consumer would lose that right once the contract had been fully performed by the trader.
The USB is the ‘goods’ part of this contract. In accordance with 28(b) of the regulations, as the nature of the wedding photographs are ‘made to the consumers specification or are clearly personalised’ the USB is exempt from the consumers right to cancel.
What is the legal duty of Kate McCarthy Photography in this contract?
The service provided will be as advertised, and should Kate McCarthy Photography be unable to provide this service due to unforseen circumstances including but not limited to injury or sickness, Kate McCarthy Photography is responsible for providing an equivalent service with an alternative photographer of an equivalent standard. The photographs supplied will be of a quality and style that is shown on my website and blog.
Is there after-sale customer service?
I offer an after sales service available after the USB drive has been delivered should the consumer require any help, support or advice with using the photos or arranging their own prints or other products with the photographs. There is no end date to this service, however it may be limited in peak season months of July – September. Consumers are advised to contact me mid week should they require after sales service.
Is there a deposit to pay?
The booking fee is £300. The contract starts when this fee is paid by the consumer. This booking fee is not refundable after the 14 days cancellation period has expired. Please note that upon payment of your booking fee, you agree to the terms listed here and thus enter into a contract.
Are there any technical protection measures? (Copyright):
The copyright of the images remains with ‘Kate McCarthy Photography’ as per the ‘copyright, designs and patents act 1988’. A licence is granted within this contract which allows pictures to be reproduced by the consumer for personal use. Pictures should not be supplied to media or commercial businesses. Should a media or commercial business want to use the photos, please ask them to contact me directly. The quality of my photos is really important to me so I like to supply correct size files if they are being used on other suppliers websites. Any commercial business that use the images without express permission from myself may be liable to a fine.
Do I need any special hardware or software to view the photos?
The wedding photographs will be supplied in JPEG format on a USB drive. The consumer will require a computer with a USB port to view the photographs. Two sets of photographs will be supplied. There will be a set labelled HiRes which will typically be 5000 pixels on the longest edge, and a set labelled Watermarked which will typically be 1980 pixels on the longest edge. The small set are sized for optimal display on retina displays. The consumer will not require any specialist software as the photos can be viewed within standard Windows or Apple software that is supplied with their computer.
Wedding albums are designed in the quieter season between October – March. Album design is not available during July, August & September. Albums designs will be uploaded to an online gallery for checking, and couples are welcome to suggest changes and alterations at this stage.
As wedding albums are bespoke, hand made products that are individually commisioned for each couple they are exempt from the regular ‘returns’ part of the ‘Consumer Rights act 2015’, with that in mind it’s important to take the time to fully check design and cover proofs that will be emailed to you.
Album design is a collaborative process involving input from couples in choosing and sharing album photos with me and advising of preferences with design and customisation. The time involved in designing wedding albums can vary considerably depending on the features of your design. If your album design will feature lots of personalised elements, the process will be longer and require more input from you.
There may be software & printing limitations that will affect what changes are possible and should these affect you, I’d advise of this during the design process.
In the unlikely event that I’m unable to design your album to your preferences, my liability will be limited to a refund of the album cost, which will be shown separately on your contract.
Right to Cancel
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day the contracts starts, which is the day the booking fee is received. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. letter sent by post or email).
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation If you cancel this contract, we will reimburse to you all payments received from you. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, in any event, you will not incur any fees as a result of the reimbursement.
If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated us your cancellation from this contract, in comparison with the full coverage of the contract.