Terms of use of this website and services

Introduction

This website is operated by BAX Imaging (and is included in “we” or “us”).
The website provides access to a number of services that may be used in accordance with these terms. The services include: the ability to upload digital images to the website or to email digital images to us so that we can process them on your behalf; these terms govern the relationship between you and us. The website (and the services provided through the website) can only be used if you agree to these terms. You may only use the website in accordance with these terms. Only persons aged eighteen years or over may agree to these terms and use the website or the services offered through the website.
We may modify these terms at any time and re-upload them to the website. We require that you revisit these terms when you use or return to this website. The modified terms will come into effect as soon as they are posted on the online and use of the website (or of any services provided through the website) after that point will be subject to the modified terms.

Conditions of order

You confirm to BAX Imaging – [the seller] you own or have permission to use the image[s]. We regret we are unable to give refunds, in the unlikely event of manufacturing fault, until it will be repaired. You accept that a photograph when enlarged may lose some definition and that colour variation may occur in finished item. Cancellations attract a charge. In the unlikely event of a concern with the product on receipt it must be brought to our attention within 14 days. If a product is delivered to you damaged on arrival please reject the delivery with the courier driver. We will then produce the order again and dispatch this out to you as soon as possible. In the event that a product is damaged on arrival and signed for we must be notified within 24 hours of receipt of the package and supplied photographic evidence of the damage in order for us to accept and complete a damage report to the couriers on question. Picture cropping and editing: You accept we need to exercise a degree of license to crop and edit images to fit and to achieve the very best results. If you have any specific edit requests, please e-mail studio@baximaging.co.uk with your order reference number. We will endeavour to remove any Red Eye, Blemish Reduction, Date Stamp Removal as we proof your image, free of charge and at our discretion (unless otherwise requested). Black and White Conversion and Sepia Tone Effects also free of charge.
Note – All Product Sizes are relatively accurate, but due to the nature of making customized products by hand and one by one, there will be marginal size differences in the finished item to the sizes quoted on this website. Occasionally we may substitute materials and adjust product design to accommodate production considerations in relation to supply or stock shortages. Note – Expected Delivery Times are stated in good faith. Wherever a delivery time is stated, it serves as a guide timeline and we do not warrant that the products will be with you on a specific date. We will do our best to meet these timelines but cannot guarantee it. Over 98% of our products are delivered inside our quoted timelines.
However, the time of delivery is an estimate and BAX Imaging shall not be liable for any late delivery of the Products or any loss or damage caused as a result. Due to the nature of an Order of a hand made product, personalized and unique, you will not necessarily be able to cancel an Order after you have submitted it as BAX Imaging may have already commenced it.

Payment

The prices for the Products that you order are clearly set on our webpage (www.baximaging.co.uk) or in any written document provided by us and they are set out in UK pounds sterling (£) or US Dollars ($). If, by mistake, we have under-priced an item, we will not be obliged to supply that item to you at the stated price, provided that we will notify you before your order is accepted. All prices are subject to delivery charges as stated on our documentation.
You can pay by bank transfer or any Visa, MasterCard, Maestro or JCB credit card or most debit cards. Authorization for payment must be given at the time of order. You will be charged for items at this time.

Images

You may upload digital images to the website yourself or email them to us to upload to the website and store. Images uploaded to the website or emailed to us for uploading are preferred by us to be digital images in JPEG format (.jpg), although we do accept and work with other file formats.
Images uploaded by you or by us on your behalf which are then turned into a personalized item will (subject to the restrictions in these terms) be made available for viewing to other users of this site for display in our News & Examples area. Please email us at studio@baximaging.co.uk and we will happily remove any of your example images from our site.

Restrictions

You are not allowed to copy (whether by printing off onto paper, storing on disk or in any other way), distribute (including distributing copies), alter or tamper with in any way or otherwise use any material contained in the website except as set out under “what you are allowed to do” You are not allowed to use the website (or to copy or use any material from the website) for any commercial purpose other than to conduct a commercial transaction with “BAX Imaging”.
You are not allowed to remove any copyright, trade mark or any other intellectual property notices contained in the original material from any material copied or printed off from the website. You must keep your password secure at all times. You will be responsible for any damage caused by unauthorized access resulting from your failure to keep your password secure. You are not allowed to upload, email to us or order products of any images or other material which contain:
pornographic or obscene material;
racist material;
material that is likely to incite hatred against any person or group;
blasphemous material;
defamatory or otherwise actionable material;
images of any criminal act;
material that use or inclusion of which infringes any copyright, trademark or other intellectual property right of any third party;
material that breaches any applicable laws or legislation.

We may at our discretion contact law enforcement authorities if we believe that anything unlawful is occurring or has occurred in relation to the website (including the uploading or emailing of any images in breach of the above restrictions). We may provide copies of any relevant images or material to the law enforcement authorities and in that connection may also give them access to any personal data that is held by us. We may without notice and at our sole discretion delete or remove any image that has been uploaded, emailed or submitted for printing in breach of these terms.
We may refuse to provide any further services to anyone who breaches these terms. You will indemnify us and our officers and employees against any action, claim, damages, liability, costs and expenses arising out of: any use by you or your guests of this website in breach of these terms, any claim that the uploading or emailing of any images by you or on your behalf is an infringement of any third party’s copyright, trade mark or other intellectual property rights; any claim that the processing, printing or other dealing with by us in accordance with these terms of any images uploaded or emailed by you or on your behalf is an infringement of any third party’s copyright, trade mark or other intellectual property rights.

Rights

You retain all intellectual property rights, including copyright, to the images that you have uploaded to the website or emailed to us. We may delete, remove or refuse to display any at our sole discretion.
We may display, modify, print, transmit, distribute or delete any of the images that you upload or email to us, provided that this use is necessary in order to provide any of the services offered by us via the website or is otherwise allowed by these terms. It is a condition of allowing you to use the website and any services offered through it that you have the right to copy, upload or otherwise deal with images in relation to the website and to allow us to process and otherwise deal with those images in accordance with these terms. You may not upload, email to us, request us to print or otherwise deal in relation to the website with any images or other material unless you have the right to do so and to allow us to use such images or other material in accordance with these terms.
You are advised to keep back ups of all material provided to us. In particular, it is up to you to keep backup copies of images uploaded by you or emailed to us. We will not be responsible for keeping backups or for loss of, deletion or corruption of any images or any other material.

Data protection

Personal data provided to us through this website will only be used in accordance with our privacy policy. Please read through this carefully before proceeding. By providing your personal data to us you are consenting to its use in accordance with our privacy policy. BAX Imaging complies with the principles of the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003. The eight principles relating to the processing of personal information are:
Fairly and lawfully processed;
Processed for a limited time;
Adequate, relevant & not excessive;
Accurate;
Not kept longer than necessary;
Processed in accordance with your rights;
Secure;
Not transferred to countries without adequate protection.

Your privacy and security is of utmost importance to us. We will always follow these principles and ask you how you would like us (or our partners) to communicate with you. The Information Commissioner regulates compliance with the Data Protection Act.

Data collection

WE DO NOT COLLECT OR STORE ANY FINANCIAL INFORMATION.
We use Stripe and PayPal to process your financial information Securely and in no way do we store this.
We DO NOT under any circumstances pass this data (or any other personal information) on to anyone else.
We only collect the data we need to allow us to manage your BAX Imaging account.
When you register with BAX Imaging, you will supply us with information such as your name, address and e-mail address.
We will hold records of items that you have purchased and email correspondence.

Services/Products

Once you have placed an order for any goods or services via this website (including any order for product or services), the order will not be treated as having been accepted until you receive confirmation from us that this is the case. This confirmation may be by email or post. The decision as to whether to accept any order from you is at our discretion and we are not bound to do so.
We may, at our sole discretion, refund all or a proportion of the payment made in respect of the order concerned but reserve the right to charge in full as if the products had been dispatched. To maintain continuity of service we reserve the right to use alternative materials in production, to those stated on the website.
Offer codes may be published from time to time as part of a promotion. Offer codes may provide a free item or a discount on part of an order. Offer codes can only be used for online orders placed through this website. A maximum of one offer code can be specified per order. Unless otherwise specified, postage and packing charges will still apply to orders subject to an offer code. Further conditions may apply and if so will be published with the relevant offer code. We will use our reasonable endeavors to reply promptly to all correspondence. Such reply may be by email or by post.

Termination

We may terminate your order without notice at our sole discretion. Once your order is terminated, your images will be removed from our systems. We will refund any values due in such a circumstance.

Questions or complaints

Complaints or claims must be notified to us within fourteen days of receipt of goods, or in the case of non-delivery, in a reasonable time after the goods were expected to arrive. See our returns policy below.
If you have a question or complaint, please contact us at BAX Imaging

Returns Policy

In the unlikely event of a concern with the product on receipt it must be brought to our attention within 14 days. If a product is delivered to you damaged on arrival please reject the delivery with the courier driver. We will then produce the order again and dispatch this out to you as soon as possible. In the event that a product is damaged on arrival and signed for we must be notified within 24 hours of receipt of the package and supplied photographic evidence of the damage in order for us to accept and complete a damage report to the couriers on question.

Law and jurisdiction

These terms (and the provision of goods and services by us) are governed by and to be interpreted in accordance with Scottish law. In the event of any dispute arising in relation of these terms or in relation to the provision of any goods and services by us the Scottish courts will have exclusive jurisdiction over such dispute.

Terms and conditions of sale

You confirm to “BAX Imaging” [the seller] you own or have permission to use the image[s]. We regret we are unable to give refunds.
In the unlikely event of manufacturing fault, it will be repaired. You accept that a photograph when enlarged may lose some definition and that colour variation may occur especially when comparing to on screen proofs and visuals to the finished printed item(s). Cancellations attract a 20% charge. In the unlikely event of a concern with the product on receipt it must be brought to our attention within 14 days. If a product is delivered to you damaged on arrival please reject the delivery with the courier driver. We will then produce the order again and dispatch this out to you as soon as possible. In the event that a product is damaged on arrival and signed for we must be notified within 24 hours of receipt of the package and supplied photographic evidence of the damage in order for us to accept and complete a damage report to the couriers on question.
Picture cropping and editing: You accept we need to exercise a degree of license to crop and edit images to fit and to achieve the very best results. If you have any specific edit requests, please e-mail studio@baximaging.co.uk with your order reference number. We will endeavor to remove any Red Eye, Blemish Reduction, Date Stamp Removal as we proof your image, free of charge and at our discretion (unless otherwise requested). Black and White Conversion and Sepia Tone Effects also free of charge.