These terms and conditions shall govern the sale and purchase of products through Raspberry Flare and our websites. You will be asked to give your express agreement to these terms and conditions before you place an order. This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).

For purposes of clarification, these Terms specifically apply to purchases of Products on this Website and supersede any other terms and conditions of sale applicable to other products sold by the Raspberry on any other website. 

PRICES

Our prices are stated on our website. We will from time to time change the prices stated on our website, but this will not affect contracts that have previously come into force. All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.

It is possible that prices on the website may be incorrectly stated; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force. In addition to the price of the products, you may have to pay a delivery charge, which will be notified to you before the contract of sale comes into force. Any price estimate or quotation provided by Raspberry Flare will only be valid for the period stated for the estimate or quotation.

PAYMENT & CHARGES

PHOTO SESSIONS: A £75 deposit will be taken to secure your photoshoot. This amount will be deducted against your final bill. The final amount needs to be paid prior to the photo session. Any additional photos requested will be charged separately and must be paid before we release them. For home visits there is a discretionary charge of £1.50 per mile for distances over a 30 mile radius and there may be additional charges for central London locations or where there are tolls.

MINI SESSIONS: All mini sessions need to paid in full to secure booking. The amount needs to be paid prior to the mini session. Any additional photos requested will be charged separately and must be paid before we release them.

NURSERY/PRESCHOOL SESSIONS: All sessions need to paid in full to secure booking. The amount needs to be paid prior to the session. Any additional photos requested will be charged separately and must be paid before we release them.

BESPOKE STATIONARY & ART: Full payment needs to be paid before any work starts. Prices include two consultations. Any further consultations will be charged at £10/consultation.

EXTRA PHOTOS & PRINTS: Any additional photos can be paid in instalments. Photos will be released to match these payments. This is at the discretion of Raspberry Flare.

Payments are generally made via Paypal. In person you can pay by card via our card machine.

If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.

CANCELLATION & REFUNDS

PHOTOGRAPHY PACKAGES: We offer no refunds on completed photosessions, however if there is anything you aren’t happy with please let us know and we’ll review to see what we can do. Deposits are non-refundable but sessions can be rearranged with a 48 hour notice period. For any outside shoots, we will ask for an indoor alternative just in case weather conditions are less than ideal. If you are only interested in an outdoor shoot location, we reserve the right to postpone if weather conditions are not suitable, but we’ll make sure to rearrange at your earliest convenience. For Cake Smashes, cakes are made the day before the photo session and we need to give 24hrs notice, therefore if you need to cancel within 48hrs additional payments for the cake will need to be made to provide a new cake again.

MINIS: No refund will be given unless in exceptional circumstances and at our sole discretion. Depending on the circumstance a voucher may be issued that can be used towards any of our packages or services. If we cancel your mini session for any reason prior to the date, we will then provide a full refund (unless we have agreed to a reschedule with you). We may terminate your mini session on the stated date if we consider there are extenuating circumstances, for example inappropriate behaviour, a Model is ill, or if the session changes purpose. We are not required to reschedule the mini session or refund any amount to you in these circumstances. If you are more than 10min late, the session will be cancelled without notice or refund of any fees paid. We will have the mini session come rain or shine. We have props for all weather, but please just come suitably dressed. We may however cancel the mini session on the day in extreme weather conditions, and in this unlikely circumstance we will contact you with alternative arrangements. If you haven’t heard from us it’s still all go!

NURSERY/PRESCHOOL SESSIONS: No refund will be given if a cancellation is made with 24hrs of the session, unless in exceptional circumstances and at our sole discretion. If we cancel your session for any reason prior to the date, we will then provide a full refund (unless we have agreed to a reschedule with you). We may terminate your mini session on the stated date if we consider there are extenuating circumstances, for example, inappropriate behaviour, a Model is ill, or if the session changes purpose. We are not required to reschedule the session or refund any amount to you in these circumstances. If you are more than 10min late, the session will be cancelled without notice or refund of any fees paid.

TERMINATION: We reserve the right to terminate any photo or mini session at any point if we deem it unsafe (a risk to our health or safety). This includes unsafe environments and/or sickness of clients. No refund will be given.

BESPOKE STATIONARY & ART: A full refund will be given unless work has been started, in which case no refund will be given.

EXTRA PHOTOS & PRINTS: No refund will be given to any digital photos purchase. Prints can be cancelled and refunded, only if the order has not been started. 

CONSULTATION

By sending back or signing our consultation form and booking forms, you are agreeing to all our terms and conditions. Unless you state on your consultation form, we can not be liable for not including anything in your session.

All sessions

Raspberry Flare hold the right to use their judgement in regards to photographic style and editing. This includes, but is not limited to, poses, props, image finish and number of images taken.

Due to the unpredictable nature of photographing babies and children, it may not be possible to capture all the desired images and we will not be held responsible for this, however we will endeavour to make sure the session is maximised with what can be taken.

Please be aware that parents are responsible for their child/children’s behaviour and their health & safety at all times during the session. If any person's behaviour (including adults) falls below reasonably expected levels or causes a potential risk to safety, then Raspberry Flare reserves the right to cancel a session immediately without notice or refund. 

Because it can be distracting (especially to small children) and prevents the Photographer from being able to do their job effectively, other cameras and audio-visual equipment are not allowed to be used at any session. The client should not take any photographs on a mobile phone, unless they have asked the Photographer if they may do so first.

PHOTOS

PHOTOGRAPHY AND MINI PACKAGES: You will have access to your gallery for around 3 months once the photos have been sent. Raspberry Flare will store your photos offline for a minimum of 1 year, after which time they may be deleted. If you wish to gain access to your photos after your gallery has been closed, there may be an additional re-upload charge of £10.

NURSERY/PRESCHOOL SESSIONS: You will have access to your gallery for around 3 months once the photos have been sent (times may vary depending on when you register). After that we close down our galleries to prepare for our next season.

To those families who’s children are continuing at their settings, we keep your photos in your gallery for a year. Each new photo season, for example Christmas 2024, will replace Christmas 2023.

To those families where your little ones are leaving their settings, your gallery will close after 3 months. Don’t worry, we do keep you photos on file for a minimum of 1 year from the session date. Please note that after 1 year we may delete these photos.

If you would like to see older photos that have been removed from your child’s gallery, we ask for a £10 admin fee to restore them.

All images are the property of Raspberry Flare. Raspberry Flare will store your photos for a minimum of 12 months. The link Raspberry Flare provided you will be active for only 3 months. If you wish to gain access again, there may be an additional re-upload charge of £10.

RAW/UNEDITED: ‘RAW’/unedited images are not kept after the selection and editing of photos are completed. Raspberry Flare will not under any circumstances give out ‘RAW’/unedited photos as this is not a reflection of the Raspberry Flares brand or stylings.

EDITING SESSION PHOTOS

Raspberry Flare hold the right to use their judgement in regards to photographic style and editing. Our brand is very natural and therefore any editing we do (either by our judgement or requested by clients) will only be of that nature.

PHOTOGRAPHY PACKAGES: All photos will be edited to Raspberry Flare’s branding and styling. Clients can request as much editing as they like (within reason) to any purchased photos /photos included in package.

MINIS: All photos will be edited to Raspberry Flare’s branding and styling. Editing will be done to deliver the best photos to Raspberry Flare’s clients. For any further editing requested, the photo will first need to be purchased (unless included within the package). The photos will then be retouched with a discretionary editing fee of £7 per photo.

NURSERY/PRESCHOOL: All photos will be edited to Raspberry Flare’s branding and styling. Only light editing will be done to photos. For any further editing requested, the photo will first need to be purchased. The photos will then be edited with a discretionary editing fee of £7 per photo.

PRINTS

We print all of our photo prints ourselves and guarantee the best quality possible that our printer provides.

If we have provided the prints, we are happy to discuss any concerns you may have.

CARDS

Our cards are designed, printed and hand-cut by ourselves. The cards are printed on a soft print card to allow for writing in. Our cards come as a postcard or folded cards and come with a 6x4 photo insert, which we also print ourselves.

If we have provided the cards, we are happy to discuss any concerns you may have.

DELIVERIES

At purchase you have the option to have your prints and/or cards posted to your via Royal Mail, collect from our studio (SS2), or collect from your childcare setting.

Please note that we only deliver to childcare settings in term time and on preselected dates, which will be communicated to parents prior to us coming into the setting to photograph.

If you mistakenly select the childcare setting and either it is non term time or your child has left the setting, we will default the collect to be from our studio (SS2). We will try to contact you about this.

BESPOKE STATIONARY & ART: All bespoke stationary & art can be collected from our studio.

For studio collections, we will let you know when they are ready and arrange a collection time.

RETOUCHING SERVICE

By submitting images to Raspberry Flare, you certify that you hold the copyright or have the written permission from the photographer to manipulate the photo. By submitting photos to Raspberry Flare you affirm no copyright is being infringed. Raspberry Flare will not be liable to you or any third party for such copyright infringement.

Raspberry Flare reserves the right to decline a submission and/or refuse service to any customer because of, but not limited to, the following circumstances:

 1. An image cannot be retouched or restored to the customer's satisfaction or applicable usage requirement
2. An image that contains abusive, obscene, illegal, or inappropriate content
3. An image that is unsuitable for retouching (i.e. blurry, severe distortions, too small)
4. An image that is incompatible with the retouch request, or the retouch request is unable to be performed because it is impracticable. Raspberry Flare will do their best to clearly explain what it can and cannot do, and reserves the right to refuse a request that is impracticable for a retoucher to execute.

USES OF IMAGES/VIDEOS/BESPOKE STATIONARY & ART

Our work is our selling point, therefore Raspberry Flare reserves the right to use any photos or videos taken during the photoshoot, or any graphic pieces created, or any retouched images, for any promotional, marketing and social purposes, online and offline and in any form. This includes sharing photos directly with potential clients of Raspberry Flare. For retouching photos, by sending Raspberry Flare your photos you are giving us the right to use them for this purpose unless you state otherwise. No compensation will be given, either now or at any time in the future, for any use of photos, video or graphic pieces, and you waiver any rights to review prior to their use.

If the client would like their photos or videos not to be used in any way by Raspberry Flare, then it is up to the client to put in writing before or after the photoshoot/graphic pieces are created. Raspberry Flare will no longer use any photos from the moment the notification is received, but in no way are responsible for any marketing prior to the notification being received.

REFERRALS

Refer a friend and you will get an additional 1 digital photo off of any photo session you have with us (not including minis or nursery sessions). The more referrals, the more photos you receive! 

You can only refer to the same person once. Your friend needs to tell us they were referred by you before the photo session. You have the choice of holding it for a future session or selecting 1 photo from a previous session. Both sessions need to be completed before the additional 1 photo is received. The referral offer will be given at Raspberry Flare’s discretion.

GIFT VOUCHERS

Vouchers must be used within 2 years from date of purchase and bookings must be made within this period. Should the total spend be more than the value of the gift voucher, Raspberry Flare will invoice for the difference and this must be paid as per our payment terms and conditions. Vouchers are non-refundable and cannot be exchanged for cash in part or full and are valid for a single transaction only.

Vouchers are not valid during sale or in conjunction with any special promotion. Should the expiry date lapse, for a small administration fee an extension can be made (this must be done prior to the expiry date). Gift Vouchers are not replaceable if lost, stolen or destroyed, photocopied or altered in any way and will not be accepted or be otherwise redeemable.

ALLERGIES

It is the responsibility of the client to tell Raspberry Flare of any allergies in the consultation or prior to the photo session. If no allergies are mentioned Raspberry Flare cannot be held liable for any reactions you or your child/children have to clothing, materials, food (including but not limited to milk, egg or wheat) or anything else used in and in preparation for the photo session. With 2 weeks’ notice and specification we can sort out alternatives including washing our items in something else (currently washed in Fairy non-bio).

DISCLAIMER OF WARRANTIES & REPRESENTATIONS

You warrant and represent to us that:
a) you are legally capable of entering into binding contracts;
b) you have full authority, power and capacity to agree to these terms and conditions;
c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
d) you will be able to take delivery of the products in accordance with these terms and conditions.

We warrant to you that:
a) we have the right to sell the products that you buy;
b) the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
c) the products you buy will correspond to any description published on our website; and
d) the products you buy will be of satisfactory quality.

All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section  Limitations and exclusions of liability, all other warranties and representations are expressly excluded.

LIMITATIONS & EXCLUSIONS OF LIABILITY

Nothing in these terms and conditions will:
a) limit or exclude any liability for death or personal injury resulting from negligence;
b) limit or exclude any liability for fraud or fraudulent misrepresentation;
c) limit any liabilities in any way that is not permitted under applicable law; or
d) exclude any liabilities that may not be excluded under applicable law,

and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

The limitations and exclusions of liability and elsewhere in these terms and conditions:
a) are subject to our Limitations and exclusions of liability; and
b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. You accept that we have an interest in limiting the personal liability of Raspberry Flare employees and, having regard to that interest, you acknowledge that we are a limited liability entity.

You will defend, indemnify and hold harmless Raspberry Flare from and against any and all losses, damages, costs, expenses (including legal fees), claims, complaints, demands, actions, suits, proceedings, obligations and liabilities (including settlement payments) due to or arising out of any use of images other than the uses expressly permitted in this licence.  You further agree to indemnify  Raspberry Flare for all costs and expenses that  Raspberry Flare incurs in the event that you breach any of the terms of this licence.

LAW & JURISDICTION

These terms and conditions shall be governed by and construed in accordance with English law. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

DIGITAL PHOTOGRAPHY LICENSE/copyrights/watermarks

All images are the property of Raspberry Flare. Raspberry Flare will store your photos for a minimum of 12 months. The collection will be active for up to 3 months. If you wish to gain access again, there may be an additional re-upload charge of £10. As they are not your property you may not edit, or change the photos provided by Raspberry Flare at any time, now or in the future.

Raspberry Flare does not grant permission for any images or artwork to be passed on to any 3rd party for further editting. If you require further editing please contact Raspberry Flare directly.

All images taken by Raspberry Flare and displayed on this website and social media platforms are protected under copyright law and must not be copied. Copyright protects the photographer from image "theft" (taking an image without paying for it). If you take an image without paying for it you are effectively stealing from us and using that image without permission breaks copyright.

All unpurchased photos will be watermarked and removing these watermarks, either personally or by a 3rd party editor (including any AI app), breaches copyright laws and is classed as theft. Raspberry Flare reserves the right to charge you for any photos aquired by this means and will provide you with an invoice accordingly. If payment is not received within 7 days of that invoice Raspberry Flare will take the necessary steps to recoup any losses with the full extent of the law.

Any purchased photos will have the watermark removed and a high quality photo will be sent to you.

GRANT

Raspberry Flare hereby grants you a non-exclusive, non-transferable, perpetual personal-use licence to download, and use purchased images, subject to the restrictions set out in this licence. This license is for your own personal, non-commercial use only (not for resale, or for any other commercial use of any kind). You do not have the rights to edit or change the photos provided.

RESTRICTED USES

For any licence granted herein, YOU MAY NOT:
a) Use images other than as expressly provided for by this licence.
b) Portray any person depicted in the images in a way that would be offensive, unflattering or unduly controversial to a reasonable person.
c) Use the images in a pornographic, defamatory, deceptive or in any manner that could be considered libelous, obscene or unlawful.
d) Resell any images;
e) Use any images for any commercial, promotional, endorsement, advertising or merchandising purpose, unless expressly stated by Raspberry Flare in writing to you;
f) Falsely represent, expressly or by way of reasonable implication, that any image was created by you or a person other than the copyright holder(s) of that image.

g) Edit, adapt, change or manipulate any photos that Raspberry Flare provides you, now or in the future.

INTELLECTUAL PROPERTY RIGHTS 

Copyright in all images are owned by Raspberry Flare.  All rights not expressly granted in this licence are reserved by Raspberry Flare now and in the future. Raspberry Flare reserves the right to use any photos taken during the photoshoot, or any graphic pieces created, or any retouched images, for any promotional, marketing and social purposes, online and offline and in any form. This includes sharing photos with potential clients of Raspberry Flare. 

No compensation will be given, either now or at any time in the future, for any use of photos or graphic pieces, and you waiver any rights to review prior to their use. 

If the client would like their photos not to be used in any way by Raspberry Flare, then it is up to the client to put in writing before or after the photoshoot/graphic pieces are created. Raspberry Flare will no longer use any photos from the moment the notification is received, but in no way are responsible for any marketing prior to the notification being received.

CREDIT  

Any use of photos (pursuant to Restricted uses point ‘e’), shall be accompanied by an adjacent credit to the Raspberry Flare as Contributor.

DISCLAIMER OF WARRANTIES AND REPRESENTATIONS
As set out in our terms & conditions.

LIMITATIONS AND EXCLUSIONS OF LIABILITY
As set out in our terms & conditions.

LAW AND JURISDICTION
As set out in our terms & conditions.

OUR POLICIES

GENERAL DATA PROTECTION REGULATION (GDPR)

We will collect personal data through website registration, in person conversations or through other media contact. Information we may gather include email address, name of client and family members, home or work address and telephone number. This information is only ever directly provided to us by you the user and therefore has been provided by you with your consent. Unless stated by yourself, we will use your data to maintain your email, telephone and address. We gather information in order to provide individuals with products and services and to enable certain functions on this website. This information is also used to better understand how visitors use our services.

In addition, we may use the information for the following purposes:
1. To notify you about any changes to our website, such as improvements or service/product changes, that may affect our service.
2. Where you have consented to receive such information, we may contact you with information about goods and services similar to those that were the subject of a previous sale to you.
3. Where you have consented to receive such information, to provide information on other parties’ products or services that we feel may be of interest to you.

DATA RETENTION

We will keep your personal data only for as long as is reasonably necessary for the purposes outlined in this Privacy Policy, or for the duration required by any legal, regulatory, accounting or reporting requirements, whichever is the longer. In particular, we retain your personal data for six years after your photography session and we retain digital files of your photographs for the length of time agreed upon in our contract with you unless the images are used for marketing by consent.

When you consent to receive marketing communications, we will keep your data until you unsubscribe. Upon expiry of the applicable retention period we will securely destroy your personal data in accordance with applicable laws and regulations.

In providing our services we create photographs which may identify you, your family members and other participants and that may be considered personal data.  Our photographs may be produced in print and digital format. You are responsible for ensuring that all participants in a photograph session have been provided with a copy of this privacy policy.

DISCLOSURE OF INFORMATION

We share your personal data with third parties in the following situations:

Service providers
We sometimes engage selected third parties who act on our behalf to support our operations, such as:
1. IT suppliers and contractors (e.g. data hosting providers or delivery partners) as necessary to provide IT support and enable us to provide our goods/services.
2. Providers of specialist services, including retouching, printers, framers and book binders. Pursuant to our instructions, these parties may access, process or store your personal data in the course of performing their duties to us and solely in order to perform the services we have hired them to provide.

Business transfers
If we sell our business, our company assets may be acquired by a third party and any personal data held by us about our customers may be one of the transferred assets.

Administration and legal
We may need to disclose your personal data:
1. To comply with a legal obligation and/or judicial or regulatory proceedings, a court order or other legal process.
2. To enforce our Terms & Conditions or other applicable contract terms that you are subject to
3. To protect us, our members or contractors against loss or damage. This may include (without limit) exchanging information with the police, courts or law enforcement organisations

SECURITY

The transmission of information via the Internet or email is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of data while you are transmitting it to our site; any such transmission is at your own risk. Once we have received your personal data, we will use strict procedures and security features to try to prevent unauthorised access.

THIRD PARTY LINKS

You might find links to third party websites on our website. These websites should have their own privacy policies, which you should check. We do not accept any responsibility or liability for their policies whatsoever as we have no control over them.

YOUR RIGHTS

If you have given us consent to use your data for a particular purpose you can revoke or vary that consent at any time. If you do not want us to use your data or want to vary the consent that you have provided you should email us at hello@raspberryflare.com at any time.

SUBJECT ACCESS REQUEST (SAR)

 At any point you may request access to any information we have storedon you, under the Data Protection Act 1998. Requests must be made in writing. Raspberry Flare has 30 days from the date of receiving the SAR to provide you with the information. Sometimes Raspberry Flare may need to confirm the requesters identity and therefore may ask for enough information to judge whether you are making a valid request.

VARIATIONS TO T&CS, LICENCE & POLICIES

We may update these policies to reflect changes to the website, customer feedback and current climates.

Please regularly review these policies to be informed of how we are protecting your personal data. The version of these terms applicable to your purchase will be the version in effect on the day you submit the applicable order to Raspberry Flare.