TERMS AND CONITIONS Updated- 28/02/2022
Terms and Conditions of Internet Sale
Also Privacy - Delivery - Returns
These conditions relate to sale of goods to the customer via the website www.river-waldo.co.uk
In these Conditions:-
"The Company" means Gumbox Ltd T/A River Waldo Company Registration; 08695911
"The Contract" means the contract between the Company and the Customer for the sale or supply of Goods or services (as the case may be) Or between the Photographer and Model.
"The Goods" means the items offered for sale on the Website and at any of our premises.
"The Customer" means the person, firm or company with whom the Contract is made via the Website by the Company.
" The Model" the subject of any photography or art work.
"The Website" means "www.river-waldo.co.uk" .
"Social Media" means any social media or online shopping sites operated by Gumbox Ltd.
"Working Days" means Monday to Friday, excluding Bank and other public holidays in England.
1. General
These terms and conditions apply in preference to and supersede any terms and conditions referred to, or relied on by the with reference to the goods which this contract relates.
2. Variation
Neither the Customer nor the Company shall be bound by any variation, waiver of or addition to these conditions except as agreed by both parties in writing and signed on their behalf or by email.
3. Price
The price payable for the Goods shall be the current price at the time of despatch.
The Company shall have the right at any time to withdraw any discount from its normal prices and/or to revise prices to take into account increases in costs including (without limitations) costs of any goods, materials, carriage, labour or overheads, the increase or imposition of any tax, duty or other levy and any variation in exchange rates.
Unless otherwise agreed, all prices are exclusive of carriage, value added tax and any other duties or taxes which the Customer shall be liable to pay to the Company.
4. Availability
All goods advertised for sale on the site are subject to availability If subject to reasonable endeavours the Company fails to supply the Goods to the Customer, the Customer shall not be charged for the unavailable Goods.
The Company shall not be liable for any other losses which the Customer may suffer for the unavailable Goods.
5. Delivery and Performance;- See full document Please click here DELIVER
Delivery of the Goods shall be within the UK only, to an address, notified to the Company by the Customer.
All times or dates given for delivery of the Goods are given in good faith and shall not be of the essence of any Contract.
6. Risk
From the time of delivery by the Company or its carriers to the Customer or its agent the Goods shall be at the risk of the Customer who shall be solely responsible for the custody and maintenance thereof.
7. Title
All Goods supplied to the Customer by the Company shall remain the property of the company until full payment including vat and carriage costs are paid in full to the company. Upon full payment the customer shall have full title over the goods.
8. Limitation of Liability
The following provisions set out the entire financial liability of the Company to the Customer in respect of any breach of these Conditions; and any representation, statement or tortuous act or omission including negligence arising under or in connection with the Contract.
The company shall not accept any responsibility and liability for any damage to the Goods caused by the Customer.
Without prejudice to the Customers statutory rights, all information and materials contained in the Website (including without limitation text, graphics and links) are provided for information purposes only and shall be excluded from any warranty, where the Company shall not represent or warrant that the information accessible via the Website is:
Accurate, complete, current uninterrupted or error free.
The Goods purchased via the Website shall be warranted in accordance with the law, and nothing in these terms shall be taken to exclude or restrict any rights which applicable law grants to the Customer.
Nothing in these Conditions excludes or limits the liability of the Company for death or personal injury caused by the Company's negligence or fraudulent misrepresentation.
Where the event relates to purchase of the Goods, the Company shall be limited to damages of an amount equal to the purchase price of the Goods.
If a number of acts or omissions on the part of the Company or its employees, agents or sub-contractors give rise substantially to the same loss then they shall be regarded as giving rise to only one claim under the Contract.
All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
Subject to Conditions 8 above the Company shall not be liable to the Customer in respect of any losses or damages which may be suffered by the Customer whether the same are suffered directly or indirectly or are immediate or consequential, which fall within the following categories:
Special damage even though the Company was aware of the circumstances in which such special damages could arise; or
Loss of profits, anticipated savings, business opportunity, data; or goodwill.
The company shall not be liable for any loss of income or profits or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by the negligence of the company.
9. RETURNS
10. Force Majeure
The Company shall not be liable for any delay or failure in performance of its obligations under the Contract which is due to or results from any circumstances beyond its reasonable control. In any such event the Company shall be entitled to delay or cancel delivery of the Goods. If due to any such event the Company has insufficient stocks to meet all its commitments the Company may apportion available stocks between its customers at its sole discretion.
11. Cancellation
Save as provided in Conditions 9 and 10 hereof, contracts may not be cancelled except by agreement in writing of both parties.
12. Privacy and Data Collection;- Please click PRIVACY
13. Severability
If at any time one or more of the above Conditions becomes in whole or in part void, invalid, or unenforceable then the remainder of the Contract shall nevertheless be valid and enforceable.
14. Third Party Rights Exclusion
A person who is not a party to the Contract has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
15. Notices
All notices hereunder shall be in writing and shall be given by hand or sent by prepaid first class post, fax or email to the party concerned at its last known address. Notices sent by first class post shall be deemed (in the absence of evidence of earlier receipt) to have been delivered forty-eight hours after despatch and notices sent in to the company shall be deemed to have been delivered on the first customary working day in the addressees country, following the day of their despatch.
Notices to the company shall be sent to: River Waldo c/o Gumbox Ltd, Company Reg. No.8695911
Office 28, Cleveland Street, Wolverhampton, West Midlands, WV1 3HT
or emailed to: info@river-waldo.co.uk
16. Assignment
The Company shall be able to assign or transfer the whole or any part of its rights or obligations under the Contract to any other person, firm or company, without the prior written, or otherwise, consent of the Other Party, Customer or Model.
17. Governing Law
The Contract shall be governed by and construed in accordance with English Law.
If there are any other queries, please inform us via email or phone.
Privacy for Models, Schedule 2 and general privacy statements and clauses
1. Introduction
This privacy notice aims to give the Model (referred as “you”, “your” below) information on how the Photographer has collected and will process the following categories of personal data about the Model:
the Photograph (as defined in the Model Release Form between the Model and the Photographer to which this privacy notice is attached as Schedule 2); and related contact details including name, phone number and home address (the Related Data).
This privacy notice only relates to how we will process the Photograph and the Related Data. It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you, [for example, if you are using our website] so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
2. Important information and who we are Controller
[Alex Waldron] is the data controller and responsible for your personal data (collectively referred to as “Photographer”, "we", "us" or "our" in this privacy notice).
Our full details are:
Full name of Alex Waldron of Gumbox Ltd T/A RIVER WALDO
Email address: info@river-waldo.co.uk
Postal address: Office 28 Cleveland Street Wolverhampton WV1 3HT
Telephone number: 01902 271045
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
3. Your duty to inform us of changes.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
4. The data we have collected and how it was obtained.
We have collected the Photograph and Related Data. Via Email; in person; through your interaction with our websites and social media and forms you have signed.
5. How we will use your personal data.
We will only use your personal data when the law allows us to. We will use your personal data in the following circumstances:
• On the basis of your consent.
• Where we need to comply with a legal or regulatory obligation.
We have set out below, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. References to Specified Activities for the Specified Purpose, Photograph and Related Data are as defined in the Model Release Form or this Schedule 2.
Purpose of processing your data
Data
Lawful basis for processing including basis of legitimate interest (if applicable)
Specified Activities for the Specified Purpose
Photograph
Contact information
Consent
Managing our relationship with you, including:
•Notifying you of changes to our privacy policy.
•Storing your contact details so that we can contact you.
•Keeping a record of your consent.
Photograph, Related Data .
•Necessary for our legitimate interests to maintain a record of your contact details in case we need to contact you regarding the Photograph; to keep our records updated.
6. Disclosures of your personal data
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 5 above.
• Internal Third Parties as set out in the Glossary.
• External Third Parties as set out in the Glossary.
• Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
7. International transfers
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
• Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
• Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.
8. Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
9. Data retention
We will only retain the Photograph and Related Data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
10. Your legal rights
You have, in connection with your personal data, under certain circumstances, the right to:
• Request access to your personal information (commonly known as a "data subject access request"). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
• Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
• Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
• Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
• Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
• Request the transfer of your personal information to another party.
• Withdraw consent at any time in relation to our use of the Photograph for the Specified Purpose, in relation to which are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. We will advise you if this is the case at the time you withdraw your consent. If you wish to exercise any of the rights set out above, please contact the photographer in writing.
If we receive notification that you have withdrawn your consent to the use of the Photograph for the Specified Purpose, we will no longer process the Photograph for the Specified Purpose and, subject to our retention policy, we will dispose of the Photograph securely. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights).
However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
11. Glossary
LAWFUL BASIS
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
Where do you ship?
We ship everywhere in the United Kingdom, North America and Europe. For an additional charge, we offer overnight delivery to certain locations. We also offer shipping to certain countries in Africa, Asia and the Middle East. If purchasing for delivery outside the United Kingdom please note - we only supply Unframed Pictures with free postage to these locations.
How long does an order take to arrive?
Standard shipping takes about 3 to 7 business days. Expedited shipping is available for an additional fee on orders of more than £80.
What do I do if I don’t receive my order?
We track all orders from the moment they leave our shop. If your item doesn’t arrive on time, let us know and we’ll locate it for you. If the order can’t be rerouted to you within 24 hours, we’ll refund the shipping charges Unless postage was free with the original order.
Returns
What items are eligible for return?
Items are eligible for return within 14 days of their delivery date. Items must be in their original condition, and they must be undamaged and in a fit state to be resold as new. Of course, if an item reaches you in a damaged state, notify us immediately and you will be refunded the entire cost of the item.
How much is the return shipping fee?
Returns are free when you use our prepaid return shipping label. Simply repackage the item, affix the label on the original packaging of the item you are returning, and send it back to us.
I received an item as a gift? Can I return it?
Gifts must be accompanied by a gift receipt in order to be eligible for a refund. They’ll be treated as a regular return, and you’ll receive a gift card for their current selling price. Note that gifts can be returned within 28 of the date on which they were purchased.