Terms and Conditions

Effective as of 01 January 2013

Please also visit our digital image licence page, returns policy page and privacy policy page for further information.

General

This page tells you the terms and conditions on which we supply any of the products (“Products”) listed within the catalogue on our website www.weatherstudios.com. By ordering any of our Products and services, whether it is the physical image or a digital image file you agree to be bound by these terms and conditions.

If your actions are on behalf of your employer or another third party, then all the terms and conditions of this Agreement apply to you and your employer or other third party.

You should print a copy of these terms and conditions for future reference.

About us

We are individuals Camelia Czuchnicki and Tim Moxon trading as Weather Studios.

Making a contract with us

By placing an order through our site, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old.

How the contract is formed between you and us

After placing an order, you will receive an e-mail from PayPal confirming your order and payment details. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us. 

We will confirm such acceptance to you by one of the following methods. For physical products we will send you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation).  If the licence for use of a digital image has been purchased, a url valid for 1 week or 10 visits (whichever is the maximum) will be emailed to you to enable you to download the digital image. The contract between us will only be formed when the email has been received by you.

The Contract between us will only be formed on receipt of either email and will relate only to those Products confirmed in the email. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate email.

Consumer Rights

If you are contracting as a consumer, you may cancel a Contract at any time within 14 working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in our Returns Policy).

To cancel a Contract, you must inform us in writing. You must also return the Products to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

Availability and Delivery

For physical products, your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances. For digital images, we aim to have the URL link to the digital image file emailed to you within 5 minutes of purchase, but please allow 24 hours for any unforeseen technical difficulties.

Risk and Title

The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products.

Price and Payment

The price of the Products and delivery charges will be as quoted on our site from time to time, except in cases of obvious error. We do not pay VAT.

Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.

Returns

Returns will not be accepted unless we have been notified in advance and within 30 days of receipt of goods by emailing info@weatherstudios.com or telephoning 0744 9900 330.

If you return a Product to us:

  1. because you have cancelled the Contract between us within the 14-day cooling-off period (see clause 'Consumer Rights' above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the Product in full. You will be responsible for the cost of returning the item to us.
  2. for any other reason (for instance, because you have notified us that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund.

We will refund any money received from you using the same method originally used by you to pay for your purchase. Refund of ‘returned products' lost in transit will not be considered unless proof of posting is supplied. For further details please go to our Returns Policy page.

Damage/non-delivery

Claims for damage must be made within 3-days of receipt of goods. Damaged product and packaging must be retained in case of inspection by our carriers. Claims of non-delivery must be made within 28-days of despatch.

Corrections

You should be aware that the colours and appearance of images, mounts and frames may vary very slightly from the way they appear on the screen. Also print sizes can vary slightly between production batches. For this reason, we strongly recommend that you wait to receive your unframed prints before committing to third-party frames.

Copyright

Images are not to be used in any manner without expressed permission from Weather Studios. All images are licenced under the terms and conditions as specified at time of purchase. No image licences are valid until Weather Studios has received payment in full. Image usage without prior payment is a copyright violation. All rights not specifically granted are retained by Weather Studios.

Images are not sold; their use is licenced and they remain the sole and exclusive property of Weather Studios and the individual photographer.

Images or image files cannot be distributed or re-sold independent from a product and may not be used in a manner allowing permanent storage or re-use by third parties. No licences may be sublicensed, transferred or assigned. You agree not to make, authorize, or permit any use of any image except as specifically set forth in our digital image licence.

In the event that there is any dispute between us in relation to this issue, you agree that until the matter is resolved, an interim injunction will be an appropriate remedy. An Interim injunction is a court order, which would prevent any further use or distribution of the image that we are concerned about, until a final court hearing where the court will make a decision on all the facts.

Our Liability

Subject to 'Negligence etc', if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products.

Subject to 'Negligence etc', we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:

  1. loss of income or revenue;
  2. loss of business;
  3. loss of profits;
  4. loss of anticipated savings;
  5. loss of data; or
  6. waste of management or office time.

However, this clause will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by categories inclusive of this clause.

Negligence etc.

Nothing in this agreement excludes or limits our liability for:

  1. death or personal injury caused by our negligence;
  2. fraud or fraudulent misrepresentation;
  3. any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
  4. defective products under the Consumer Protection Act 1987; or
  5. any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

Import Duty

If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Notices

All notices given by you to us must be given to Weather Studios at info@weatherstudios.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in 'Written Communications' above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

Events Outside of Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  1. strikes, lock-outs or other industrial action;
  2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  5. impossibility of the use of public or private telecommunications networks; and
  6. the acts, decrees, legislation, regulations or restrictions of any government.

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

Waiver

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

A waiver by us of any default will not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with 'Notices' above.

Entire Agreement

We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

Changes to this Agreement

We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within 7 working days of receipt by you of the Products).

Severability

In the event that any term of this agreement is held to be unenforceable or invalid by judicial decree or decision, the remainder of this agreement shall remain valid and enforceable.

Misuse of Our Site

Weather Studios reserves the right to suspend or terminate any open orders which are, or appear to us in our absolute discretion, to be, in breach of any of the provisions of this agreement.

 

2016 Photos out now

We've selected a number of our 2016 photos to include on the site which can be found and ordered via the catalogue here

Weather Studios Blog

Visit our blog to see the latest updates while we're in the States, or read some of our chase history and see even more photos. Visit the blog here.

Charitable Giving

We've set up a new fund to donate 10% of all our (net) sales to support victims of severe weather events. Our most recent donation has been to the Disasters Emergency Appeal for the Philippines Typhoon Appeal.

We also highly recommend the Storm Assist project. All their profits go back to those affected by storms. Great place for t-shirts, videos and calendars.