Terms & Conditions

Simplified

You look, you like, you pay, we make, we deliver, you receive, we are all happy………job done, let’s do it all again next time!

Each individual digital order must contain only one participant.

It is a condition that any image posted or shared on social media must have the picman logo clearly visible on the image and a credit to www.picman.co.uk or @originalpicman.

You have a you have a licence to use the images at home for personal use only. Any second use, commercial use, editorial use or other use, would need a new license. Crediting the image is not payment for any second use.

A bit more detail on ordering

OK, sometimes there’s a bit more to it, so here are the main points that we think you should be aware of without having to trawl through all the legal stuff.

Your digital download or disc order must follow the following criteria.

It must only contain pictures of you / your vehicle / horse etc, taking part at an event.

It can contain pictures of your own vehicle / horse etc, taking part at the event, with some else at the controls for example, if your mate borrows your bike for a quick blast, we are happy to add them for you.

It can contain pictures of other vehicles / horses etc, taking part at the event that you were driving or riding, for example, if you trash your bike and borrow your mates, it’s only fair that we add these to the order for you.

It must only contain pictures from a single day at the event. Each event has its own running costs that need to be covered so we can’t combine events for the same price.

The production / administration fee covers the time involved in shooting the event, getting the images ready to view on the website and then readying each order from each event. Where additional pictures are requested to be added to the digital order, the fee charged at the point of sale is for the time involved in producing and readying those images. If the you request images that are not of the you or your vehicle to be added to the disc, the website is unaware of whether you are adding someone else or not, so at the our discretion, you may still be charged for the time taken searching, inspecting and administering them, but they may not appear on your order. To avoid disappointment, please be aware of this and make sure that all orders are placed within our terms and conditions.

Print sizes are in inches and approximate.

Each order is unique to you, so the orders won’t be produced or dispatched until the payment has been received.

All sales are final, no refunds after an image has been despatched or downloaded. This does not affect your statuary rights.

Due to the nature of the digital image product, and the high risk of copyright theft, refunds will only be given if the product is faulty and we are unable to provide a replacement due to the loss of data.

We reserve the right to supply an alternative image should there be an issue with the one chosen.

When you place an order, and tick the “I’ve read the terms and conditions” box (which, let’s face it, you probably won’t actually bother to do) you are agreeing to all the legal stuff included on this page.

When you use our website to place an order with us, these Terms and Conditions of Business will constitute a legally binding agreement between you and us. It is your responsibility to carefully read these Terms and Conditions of Business before ordering from this website. Your use of the website is contingent upon your acceptance of the following Terms and Conditions of Business.

Use of the website will be considered acceptance of the policies. If you do not agree to the Terms and Conditions of Business contained in the following pages, then you may not use the website.

Please note that Media in Motion Ltd has the right to modify these Terms and Conditions of Business and, thus, you should review them periodically.

Please read the following sections carefully, as they contain the Terms and Conditions of Business that will govern your use of the website.

If you have any enquiries, comments or concerns regarding this agreement or any other part of this site or regarding any of the products and services or if you have experienced technical problems while using this site, please send an email to support@picman.co.uk prior to completing your order.

“Seller” means Media in Motion Ltd, registered in England, company number 13095870 (in these Terms and Conditions also refers to the trading names “Picture Management and Picman”) whose registered office is at 3 Cherry Blossom Court, Lincoln, England, LN6 0TB. This address is for correspondence only and is not customer facing.
“Buyer” means the person whose name is submitted on the Order.
“Contract” means the order and Order Confirmation (incorporating any Special Conditions).
“Faulty” means containing a fault or defect; imperfect or defective.
“Goods” means the goods, services or digital media which the Seller is to sell in accordance with these Terms and Conditions of Business.
“Order”means the Buyer’s order for Goods, services or digital media.
“Order Confirmation” means the Seller’s written Confirmation pursuant to Condition 3(b).
“Price” means the price together with postage and packing in force at the date and time of the Order.
“Person”means any person, business or company.
“Special Conditions”any conditions in relation to orders set out and designated as such in the Order Confirmation.
“Terms and Conditions of Business” means the standard terms and conditions of business set out in this document.
“Writing” includes, other than for the purpose of Condition 9, email clearly bearing the names of the sender and the recipient and writing on the screen of a visual display unit or other similar device.

These Terms and Conditions of Business and any Special Conditions will govern the Contract to the exclusion of any other terms, including any terms and conditions which the Buyer may purport to apply under any purchase order, confirmation of order or other document.
Any variation of these Terms and Conditions of Business and the Special Conditions will only bind the Seller if agreed in Writing between authorised representatives of the Seller and the Buyer.
The Seller’s 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.

All Goods are offered for sale subject to availability and subject to the Seller’s acceptance of the Order.
The Seller reserves the right to reject any Order without the obligation to assign any reason for so doing. No Order shall be deemed accepted by the Seller unless and until it is confirmed unconditionally by the Seller in the Order Confirmation.
The Seller has a policy of continuous product development and reserves the right to amend the specifications of any of the Goods without prior notice. Goods supplied may therefore differ as a consequence of supplier’s stock availability and other forces beyond the seller’s control.
The Seller endeavours to display and describe as accurately as possible the printed colours of the images which appear on its website and on the monitors at events, but cannot undertake to give any assurance that the colours of the images supplied will exactly match those displayed on the Buyer's monitor or those displayed at the point of sale.
All print sizes are approximate.
The production / administration fee covers the time involved in readying each disc from each event. Where additional pictures are requested to be added to the disc, the fee charged at the point of sale is for the time involved in readying those images. If the Buyer requests images that are not of the Buyer or the Buyers vehicle to be added to the disc, at the Seller’s discretion, the Buyer may still be charged for the time taken searching and inspecting them, but they may not appear on the Buyer’s disc. To avoid disappointment, please be aware of this and make sure that all orders are placed within our terms and conditions.

The seller is not currently registered for VAT in the UK. The Buyer shall be responsible for any other taxes applicable in the territory to which the Goods are sent.
Payment must be made by credit card or debit card or by PayPal at the time of placing an Order which is accepted by the Seller. Payment in full will be taken at this time and the Contract will be in force.
The payment will be processed in the UK in Pounds Sterling (GBP). At the Seller’s discretion, payment in local currency may be accepted, an additional charge may be incurred for this service.
The Buyer undertakes that all details provided to the Seller for the purpose of the Order and its delivery will be correct and that the chosen method of payment is the property of the Seller and that sufficient funds or credit facilities are available to cover the full cost of the Goods ordered. The Seller reserves the right to obtain validation of the Seller’s credit card, debit card or PayPal details before accepting the Buyer’s Order.
Any additional charges for currency conversion are the responsibility of the Buyer.

The place for delivery of the Goods will be as shown on the Order and the normal method of delivery for physical products (unless specifically agreed otherwise) shall be regular postage or courier. The delivery of digital media will be via download from our website or via a third-party server provider. The Buyer is responsible for the correct submission of the delivery details.
The Seller will endeavour to process the order and dispatch the goods as soon as possible. However, processing is often done in batches, and when the Seller is not covering events. 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.
The Buyer must inspect the Goods on delivery and, in the case where Goods have been delivered by carrier, sign the required proof of delivery document or collection acceptance document. 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 The Buyer may not reject the Goods or any part of them solely on the grounds of short delivery of an instalment. 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. The goods will be deemed delivered upon notification from our website or third-party server provider.
The Seller reserves the right to make delivery of the Goods by instalments. If the Goods are to be delivered in instalments, each delivery will constitute a separate contract. The Buyer may not treat the Contract (as a whole) as repudiated if the Seller fails to deliver any one or more of the instalments or if the Buyer has a claim in respect of any one or more of the instalments.
If the Buyer wrongfully fails to take delivery of the Goods, the Seller shall be under no obligation to refund the price.
Goods may not be returned to the Seller except as provided in Condition 7 below.

Risk of damage to or loss of the Goods will pass to the Buyer on delivery at the agreed address or if the Buyer fails to take delivery of the Goods, the time when the Supplier has tried to deliver the Goods.
Not with standing delivery and the passing of risk in the Goods, property in the Goods will not pass from the Seller until the Seller has received full payment of the Price and all other sums which are due, owing or payable by the Buyer to the Seller in respect of the Contract or any other Contract between the Seller and the Buyer.

The Buyer shall have the right to cancel any Order for Goods only in the following circumstances:
(i) if the Seller has failed to deliver goods, within 28 days after the date of the Order confirmation.
Notice of the wish to cancel must be made by email to support@picman.co.uk.
For the avoidance of doubt, save in respect of faulty or defective goods, nothing in these Terms and Conditions of Business shall give to the Buyer rights of cancellation in regard to the Goods which, by their nature have been made to the Buyer’s specifications or clearly personalised.
In the case of cancellation under Condition 7(a) above, the Seller shall be responsible for all sums paid (including initial and re-delivery charges (if any)) in respect of the Goods in question.
All items of Goods which are returned by the Buyer to the Seller must be returned in their original packaging (which the Buyer should retain for the purpose).
At an event, after payment has been made, you can change the content or type of product to something of equivalent value (or greater value if you pay the difference) up until the point at which the production process has started. At that point, the sale is final. Any alterations to the order are chargeable over and above the original sale.
If a product is found to be faulty, it will be replaced with a direct replacement, or goods to the equivalent value if you choose. Refunds will only be offered if we are unable to supply your Goods due to loss of data.
If a particular service or product that was offered at the point of sale is subsequently not available at the production process, your order will be processed at the office and forwarded to you after the event, or an alternative product of equal value will be offered. Refunds will only be given if we are unable to provide your images due to loss of data.
All goods remain the property of Media in Motion Ltd until the balance is paid for in full.
All products and services are subject to availability and may change without notice on / throughout the day, due to circumstances beyond our control.

The Seller will not be liable for short delivery or Faulty Goods unless a claim is notified to the Seller in writing in accordance with Condition 7a. or, where upon reasonable inspection of the Goods, the Buyer should have become aware of such defect. The notification must include the Order confirmation number, delivery note number and details of the claim. In the case of a valid claim, the Seller may, in its sole discretion, replace the Goods (or the part in question) or refund to the Buyer the Price (or an appropriate proportion of the Price). The Seller will have no further liability to the Buyer in respect of the matters referred to in this Condition 8a.
The Seller will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason of any event or circumstance outside the reasonable control of the Seller, including (but not limited to), any strikes, industrial action, failure of power supplies or equipment, loss of data, government action or Act of God.
The liability of the Seller, its agents, employees, subcontractors and suppliers with respect to any and all claims arising out of the performance or non-performance of the Seller' s obligations in connection with the use of the information provided under the Contract, or the rendition of services hereunder, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the net purchase price (excluding taxes and freight) for such products or services. In no event shall the liability include damages for loss of profits or revenue; increased cost of purchasing or providing materials, supplies or services; cost of replacement capital; claims of purchaser' s customers; inventory or use charges; or incidental or consequential damages of any nature.
This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Contract. It is up to the Buyer to take precautions to ensure that whatever computer equipment and/or software selected for use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. In no event will the Seller be liable to the Buyer or any other party associated with the Buyer from any direct, indirect, special or other consequential damages for any use of the picman.co.uk website, or any other hyper linked website, including without limitation, any lost profits, business interruption, loss of programs or other data on the Buyer' s information handling system or otherwise, even if the Seller has been expressly advised of the possibility of such damages.

This website is owned by the Gary Bailey and operated by Media in Motion Ltd. Unless otherwise noted in this website, Gary Bailey owns the copyright with respect to all content on the website. Content includes photographic images, text, graphics, logos, video clips, audio clips, trademarks, software server information, and anything else hosted on this website. All rights to content, services, and server information are reserved. Any modification made to the content of this website by a third party is a violation of Gary Bailey’s copyright. Additionally, the picman.co.uk website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
Nothing contained on the website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use the website or any information displayed on the website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions of Business; or (b) with the prior written permission of Gary Bailey or one of his representatives or the prior written permission from such third party that may own the trademark or copyright of information displayed on the website.
The “Picman” logo, name, and other marks indicated on the website are the subject of applications for trademarks or registered trademarks of the Seller in the European Union and/or other jurisdictions. “picman” and “PM” graphics, logos, page headers, button icons, scripts and service names are owned by Gary Bailey and the trademarks, or trade dress, under licence, of Media in Motion Ltd. The “picman” trademarks and trade dress may not be used in connection with any product or service that is not under licence from Gary Bailey, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Gary Bailey, Media in Motion Ltd or the “picman” trading name. All other trademarks not owned by Gary Bailey or Media in Motion Ltd that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Gary Bailey.

The Seller is a registered data controller within the meaning of the Data Protection Act 1998 (”the Act”).
The Seller undertakes to process all personal data obtained by it through use of the website in accordance with the principles laid down in the Act. Please see the picman.co.uk Privacy Policy for more information.

Notices

Notice
- Any notice given or made under the Contract must be in writing (other than writing on the screen of a visual display unit or other similar device, which shall not be treated as writing for the purposes of this Condition).
- Due to the extended periods that are spent away from the office during the course of business, a notice served on the Seller will be deemed to have been duly given or made as follows:
  * if sent by personal delivery and received in person by an employee of Media in Motion Ltd. or
  * if sent by recorded delivery and an employee of Media in Motion Ltd signs for the delivery.
  A notice served on the Buyer at the address stated on the Order will be deemed to have been duly given or made as follows,
  * if sent by personal delivery, upon delivery at the address of the relevant party; or
  * if sent by first class post, two clear business days after the date of posting.
- The Seller and the Buyer may notify each other of a change in their name, relevant addressee and address for the purpose of this Condition and this notification will only be effective on:
  * the date specified as the date on which the change is to take place; or
  * if no date is specified or the date specified is less than five clear business days after the date on which notice is given, the date falling five clear business days after notice of any change has been given.
- This Condition will not apply in relation to the formal service of any court documentation or other document arising in connection with any disputes under the Contract.
Governing law and jurisdiction
- The Contract shall be governed by and construed in accordance with English law.
- The parties irrevocably agree that the courts of England are to have non-exclusive jurisdiction to settle any disputes which may arise in connection with the Contract.
Waiver
If the Seller does not exercise a right or power when it is able to do so this will not prevent it exercising that right or power. When it does exercise a right or power it may do so again in the same or a different manner.
Statutory Rights
The rights of the Seller and the Buyer and remedies under the Contract are additional to and not in derogation of, any other rights and remedies they may have at law.
Severability
If any term or provision in the Contract is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from the Contract in its entirety, and the remainder of the Contract shall survive with the said offending provision eliminated.
Website Availability
Because public networks, such as the internet, occasionally experience disruptions, the Seller cannot guarantee the picman.co.uk website will be available 100% of the time. Although the Seller strives to provide the most reliable website possible, interruptions and delays in accessing the website are unavoidable and the Seller disclaims any liability for damages resulting from such problems.
Typographical Errors
Information on picman.co.uk website may contain technical inaccuracies or typographical errors. The Seller attempts to make its descriptions as accurate as possible, but does not warrant that the content of the picman.co.uk website is accurate, complete, reliable, current, or error-free.
Licence
The Seller grants to the Buyer a personal, non-exclusive, and non-transferable right to access and use the content on the picman.co.uk website. All use must be in accordance with all picman.co.uk stated policies, including those in the picman.co.uk Privacy Policy.
Off-Site Links
A link to a non-picman.co.uk website does not mean that the Seller endorses or accepts any responsibility for the content or the use of such website. It is up to the Buyer to take precautions to ensure that whatever it selects for its use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
Off-Site Links
A link to a non-picman.co.uk website does not mean that the Seller endorses or accepts any responsibility for the content or the use of such website. It is up to the Buyer to take precautions to ensure that whatever it selects for its use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
User Suspension and/or Termination
The Seller, in its sole discretion, may terminate the Buyer's user registration for violating picman.co.uk Policies. The Buyer agrees that breach of any of the terms in the Contract may also result in the immediate termination of the Buyers user registration and/or give rise to civil action against the Buyer.
Seller's right of removal of materials.