1. Agreement to Terms
By accessing or purchasing from shotbygafar.com (the “Website”), you agree to be bound by these Terms and Conditions (“Terms”). These Terms apply to all visitors, customers, and users worldwide, regardless of your country of residence or location.
If you do not agree to these Terms, you must not use our Website or purchase our products. We reserve the right to update these Terms at any time. Continued use of the Website after changes constitutes acceptance of the new Terms.
These Terms constitute a legally binding agreement between you (“Customer”, “you”) and Shot by Gafar (“we”, “us”, “our”), a sole trader operating from London, United Kingdom.
2. About Our Products & Services
Shot by Gafar offers the following:
All digital products are delivered electronically via secure download links. No physical goods are shipped. By purchasing a digital product, you receive a licence to use that product as outlined in Section 6.
3. Eligibility
By purchasing from us, you confirm that:
4. Pricing & Payment
4.1 Pricing
All prices are displayed in GBP (British Pounds Sterling) by default. Currency conversion tools on our Website are for guidance only. Your bank or payment provider determines the final exchange rate applied to your transaction. Prices are subject to change at any time without notice.
4.2 Payment Processing
All payments are processed securely by Stripe. We accept major credit and debit cards including Visa, Mastercard, and American Express, as well as Apple Pay and Google Pay where available. By submitting your payment details, you authorise us to charge the full amount displayed at checkout. We do not store your card details. All payment data is handled by Stripe in accordance with PCI-DSS Level 1 compliance standards.
4.3 Taxes
Shot by Gafar is based in the United Kingdom. You are solely responsible for any taxes, import duties, or levies imposed by your local jurisdiction on your purchase. We are not responsible for calculating or remitting taxes outside of our UK obligations.
5. All Sales Are Final — No Refund Policy
ALL SALES ARE FINAL. Due to the digital and immediately accessible nature of our products, we do not offer refunds, exchanges, or cancellations once a purchase is completed and download access has been granted.
By completing your purchase, you explicitly acknowledge and agree that:
5.1 Limited Exceptions
We will only consider a resolution in the following limited circumstances:
To raise either issue, contact us within 7 days of purchase with your order number. We reserve the right to determine the appropriate resolution at our sole discretion.
5.2 Chargebacks
Initiating an unauthorised chargeback for a completed digital product purchase constitutes a breach of these Terms. We reserve the right to contest all chargebacks, provide evidence of purchase and delivery to Stripe and the relevant card network, and refuse future purchases from customers who have initiated fraudulent chargebacks.
6. Intellectual Property & Licence
6.1 Ownership
All digital products sold on this Website are the exclusive intellectual property of Shot by Gafar, protected by UK copyright law, international copyright treaties, and applicable intellectual property laws worldwide including the Berne Convention, EU Directive 2019/790, and the US Digital Millennium Copyright Act (DMCA).
6.2 Licence Granted
Upon purchase and full payment, we grant you a limited, non-exclusive, non-transferable, worldwide, personal-use licence to use the digital product for personal, non-commercial creative use on up to two personal devices owned by you.
6.3 Restrictions
You are strictly prohibited from:
6.4 Commercial Licence
If you wish to use our products commercially (e.g. in client work, branded content, agency use, or any revenue-generating activity), you must obtain a separate commercial licence. Contact us through our Website to discuss terms.
6.5 Enforcement
Any breach of this licence will result in immediate termination of your licence, demand for removal of all files, and may result in legal action for copyright infringement under UK law and applicable international treaties.
7. Digital Product Delivery
Upon successful payment, you will receive access to your digital product via an automatic download link sent to your order email address and/or through your account on our Website. Download links are valid for 365 days from the date of purchase. It is your responsibility to save and back up your files. We are not responsible for files lost after successful delivery. If you do not receive your link within 24 hours, check your spam folder before contacting us.
8. Photography & Videography Services
8.1 Bookings & Deposits
All bookings require a non-refundable deposit to secure your date. The remaining balance is due on or before the day of the shoot unless otherwise agreed in writing.
8.2 Cancellations
Cancellations with less than 48 hours notice forfeit the full deposit. Cancellations with more than 48 hours notice retain the deposit as credit toward a rescheduled session within 90 days. We reserve the right to cancel due to force majeure circumstances and will offer a full reschedule or refund at our discretion.
8.3 Usage Rights
All photographs and video content created by Shot by Gafar remain our intellectual property. Clients receive a personal-use licence unless a separate commercial agreement is made in writing. We reserve the right to use session content in our portfolio and on social media unless you request otherwise in writing before the session.
9. Prohibited Use
You agree not to use our Website or products to:
10. Disclaimers & Limitation of Liability
10.1 No Guarantee of Results
Our digital products are creative tools. Results will vary depending on your camera settings, lighting conditions, software version, and individual skill level. We make no guarantee that our products will produce specific results for your particular use case.
10.2 Software Compatibility
It is your responsibility to ensure your software is compatible with our products before purchasing. We provide compatibility information on each product listing. We are not liable for incompatibility issues arising from outdated software or future third-party software updates.
10.3 Limitation of Liability
To the fullest extent permitted by applicable law, Shot by Gafar shall not be liable for any indirect, incidental, special, consequential, or punitive damages. Our total liability for any claim shall not exceed the amount you paid for the specific product or service that is the subject of the claim.
10.4 Indemnification
You agree to indemnify and hold harmless Shot by Gafar from any claims, liabilities, damages, and expenses (including legal fees) arising from your violation of these Terms, your use of our products, or your infringement of any third-party rights.
11. Global Jurisdiction & Governing Law
11.1 Governing Law
These Terms are governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
11.2 US Customers
If you are a US resident, you agree that any dispute shall be resolved on an individual basis. You waive any right to participate in a class action lawsuit or class-wide arbitration. Nothing in these Terms limits rights you may have under applicable US federal or state consumer protection laws.
11.3 California Residents (CCPA)
If you are a California resident, you have rights under the California Consumer Privacy Act (CCPA). We do not sell your personal information. You have the right to know what data we collect, request deletion, and opt out of any sale. Contact us through our Website to exercise these rights.
11.4 EU & EEA Customers
Your statutory rights under applicable EU consumer protection directives are not excluded by these Terms to the extent required by law. Disputes shall be governed by English law.
11.5 Australian Customers
Nothing in these Terms excludes rights you may have under the Australian Consumer Law (ACL) that cannot be excluded by agreement. To the extent permitted by the ACL, our liability is limited to re-supplying the digital product or refunding the purchase price at our discretion.
11.6 Canadian Customers
Your personal information is handled in accordance with Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA). You have the right to access and correct your personal information by contacting us.
12. Dispute Resolution
We encourage you to contact us directly before pursuing formal legal action. Most issues can be resolved quickly and informally. If a dispute cannot be resolved informally within 30 days, it shall be referred to the courts of England and Wales.
13. Privacy & Cookies
Your use of our Website is governed by our Privacy Policy available at shotbygafar.com/privacy-policy, which is incorporated into these Terms by reference.
14. Force Majeure
We shall not be liable for any failure or delay in performance arising from causes beyond our reasonable control, including acts of God, natural disasters, pandemics, civil unrest, government actions, internet outages, or third-party service failures.
15. Severability & Entire Agreement
If any provision of these Terms is found unenforceable, the remaining provisions continue in full force. These Terms, together with our Privacy Policy and Sales Policy, constitute the entire agreement between you and Shot by Gafar.
16. Contact Us
For any questions regarding these Terms, contact us:
Shot by Gafar London, United Kingdom
Contact form: shotbygafar.com/contacts