1. USER ACCEPTANCE

a) TCS Film Ltd, is a company registered in the UK with the company number: 10860166, the studio is located at 15 Cellini Street, London, SW8 2FQ and its website is www.tommyclarke.co.uk (“the Website”). Use of the website subjects you to the following terms and conditions, which may be updated, without notice. These terms and conditions constitute a binding agreement between TCS Film Ltd. and you. By using and visiting the Website, you agree to these terms and conditions.
b) Before you may use the Website to purchase, you must read and accept all of the Terms and Conditions and the Privacy Policy. As you read this Agreement, you should also access and read the linked information. You are only authorised to use the Website to purchase if you agree to abide by all applicable laws and these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Website.

2. COPYRIGHT

a) The entire copyright in the Photographs is retained by Tommy Clarke at all times throughout the world.

b)   TCS Film Ltd. grants you permission to use the Website as set forth in these Terms and Conditions, so long as:

1. you will not copy or distribute any part of the Website in any medium without Tommy Clarke’s prior approval;

2. you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose

3. you agree to the Terms and Conditions as set forth in this document

4. your use of the Website as permitted is solely for your own personal use.

3. OWNERSHIP OF MATERIALS

Title to all Photographs remains the property of Tommy Clarke.

4. USE

The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer's express permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation. The Licence only applies to the advertiser and product as stated on the front of the form and its benefit shall not be assigned to any third party without the Photographer's permission. Accordingly, even where any form of 'all media' Licence is granted, the photographer's permission must be obtained before any use of the Photographs for other purposes eg use in relation to another product or sub licensing through a photo library. Permission to use the Photographs for purposes outside the terms of the Licence will normally be granted upon payment of a further fee, which must be mutually a g reed (and paid in full) before such further use. Unless otherwise agreed in writing, all further Licences in respect of the Photographs will be subject to these terms and conditions. 

5. SALE OF GOODS FROM TOMMY CLARKE STUDIO LTD.

TCS Film Ltd. offers prints for sale via the Website as well as in the studio. These Terms and Conditions and any Special Conditions will govern the Contract between the Buyer and Seller, alongside any terms and conditions applicable under any purchase order, and confirmation of order or other document.

TCS Film Ltd. employees are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into any Contract and in accepting delivery, the Buyer acknowledges that it does not rely on representations concerning the Goods which are not confirmed in this way.

6. ORDERS AND SPECIFICATIONS

All Goods are offered for sale subject to availability and subject to TCS Film Ltd.'s acceptance of the order. TCS Film Ltd. reserves the right to reject any order without the obligation to assign any reason for so doing.  TCS Film Ltd. endeavours to display and describe as accurately as possible the printed colours of the goods which appear on its Website, but cannot undertake to give any assurance that the colours of goods supplied will exactly match those displayed on the Buyer's monitor or home printing device.

7. CLIENT CONFIDENTIALITY

TCS Film Ltd. will keep client information confidential and will only disclose the clients name, telephone number and address in order to have their goods made and delivered to them. TCS Film Ltd. will ensure that the third party does not disclose the clients information and further.

8. PRICE/PAYMENT

a) All prices are inclusive of VAT based on UK VAT rate of 20%. The final adjustment to VAT will occur during the check out process. If you are having your purchase exported from the EU you will not be charged any VAT/Sales Tax. The Buyer shall be responsible for any other taxes applicable in the territory to which the Goods are sent.

b) Payment must be made by credit card or debit card at the time of placing an order that is accepted by the Seller. Payment in full will be taken at this time and the Contract will be in force. The Seller is based in the UK and accepts GBP sterling payments. The Seller may offer multi-currency enabled transactions, which means the Buyer can select the currency of their choice when at check-out.

c) The client undertakes that all details provided to TCS Film Ltd. for the purpose of an order and its delivery will be correct and that the chosen method of payment is the property of TCS Film Ltd. and that sufficient funds or credit facilities are available to cover the full cost of the Goods ordered. Tommy Clarke Studios Ltd. reserves the right to obtain validation of the Sellers credit card or debit card details before accepting the buyers order.

d) Any discounts or promotions are offered subject to availability and may be terminated or amended at any time by TCS Film Ltd.. TCS Film Ltd. reserves the right to reject any order based on erroneous pricing, discounts, or promotions.

9. DELIVERY

a) The place for delivery of the Goods will be as shown on the order and the normal method of delivery (unless specifically agreed otherwise) shall be regular postage or courier at the organised by TCS Film Ltd.
b) TCS Film Ltd. will endeavour to process and ship an order within 7 days of order confirmation. Any dates quoted for delivery of the Goods are indicative only. Time for delivery will not be of the essence of the Contract and the Seller will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the Goods howsoever caused.

c) The Buyer must inspect the Goods on delivery and, in the case where Goods have been delivered by courier, sign the required proof of delivery document or collection acceptance document if required. A signature on that document will constitute conclusive evidence against the Buyer of receipt of the quantity of Goods indicated on that document free from any apparent defect or damage. If the Goods are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of the Buyer.

d) If the Buyer wrongfully fails to take delivery of the Goods, TCS Film Ltd. shall be under no obligation to refund the Price.

e) Purchased Goods may not be returned to the Seller except as provided in Condition 11 below.

10. RETURNS, REFUNDS, EXCHANGES AND CANCELLATIONS

a) The buyer shall have the right to return a purchase within fourteen days of Receipt for an exchange or refund at his/her preference if the item is Defective or for any other reason provided they do the following:
(i) Email info@tommyclarke.co.uk within fourteen days of Receipt stating: (a) Your Invoice Number (b) Artwork title (c) Reason for return and (d) Request for exchange or refund
(ii) Return the Goods to Tommy Clarke Studios Ltd. in the condition it arrived in, via the instructions that Tommy Clarke Studios Ltd. sends following your email.
(iii) All Goods must be returned in their original packaging (which the Buyer should retain for the purpose) and must be in an unused condition.

b) TCS Film Ltd. will not be held liable for any damage to any Goods caused anytime after Receipt of the order.

c) TCS Film Ltd. will process and refund/exchange all returns within 30 days of receiving returned Goods from the Buyer in the post or via our chosen common carrier. For orders outside of the UK and EU, TCS Film Ltd. may offer only a partial refund subject to shipping (both outbound and return) and handling costs.

d) Buyers may request to cancel an order within 24 hours of placing the order by emailing info@tommyclarke.co.uk.

11. GENERAL

If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and TCS Film Ltd.’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. TCS Film Ltd. reserves the right to amend these Terms and Conditions at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Website. It is your responsibility to review these Terms and Conditions for any changes. Your use of the Website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the Website must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

12. APPLICABLE LAW

This agreement shall be governed by the laws of England & Wales

13. VARIATION

These Terms and Conditions shall not be varied except by agreement in writing.