Terms and Conditions

1. About us

1.1 USB 4 Photographers is part of Disc Makers Limited, trading as USB Makers Intl, a company registered in England and Wales. Company number: 05350646. VAT number: GB 880 6582 93.

1.2 Registered office: Market House, 10 Market Walk, Saffron Walden, Essex, CB10 1JZ. Trading address: Unit G6, Allen House, The Maltings, Sawbridgeworth, Hertfordshire, CM21 9JX. Telephone: 0800 130 3366. Email: [email protected].

1.3 In these terms, “we”, “us” and “our” mean Disc Makers Limited trading as USB Makers Intl, including when trading as USB 4 Photographers.

2. Definitions

2.1 In these terms: “Customer” or “you” means the person or business placing an Order; “Order” means an order placed through the Website, or agreed with us by email or telephone; “Order Confirmation” means our email confirming that we have accepted your Order; “Contract” means the contract formed as described in section 5; “Goods” means the products we supply; “Custom Goods” means Goods that are branded, printed, engraved, personalised or made to your specification; “Artwork” means logos, images, text and designs you supply or create in our product designer; “Visual Proof” means the proof we send for approval before production; “Working Day” means a day other than a weekend or public holiday in England; “Website” means www.usb4photographers.com.

3. Scope of these terms

3.1 These terms apply to every Order placed through the Website, and to any Order agreed with us by email or telephone.

3.2 Most of our customers are photographers and other businesses, including sole traders. If you buy for purposes wholly or mainly outside your trade or business, you are a consumer, and nothing in these terms excludes or restricts your statutory rights; any provision that could not lawfully apply to a consumer does not apply to you.

3.3 These terms apply instead of any other terms you seek to impose, unless we agree otherwise in writing.

4. Products, prices and VAT

4.1 Prices on the Website are in pounds sterling and exclude VAT. VAT is added at the applicable rate and shown at checkout before you pay.

4.2 Prices, quantity discounts and minimum order quantities are shown on each product page. Some capacities and styles have higher minimums, which are also shown there.

4.3 UK delivery is free. Delivery charges for other countries are shown at checkout before you pay.

4.4 Once your Order is accepted, its price will not change unless you change the specification or section 25 applies.

5. Orders and contract formation

5.1 You place an Order by completing checkout on the Website, or by confirming an order with us by email or telephone.

5.2 The Contract is formed when we send the Order Confirmation email. An automatic email saying we have received your Order, or taking payment, does not by itself mean we have accepted it.

5.3 We may decline an Order, for example where Artwork would infringe someone else’s rights or be unlawful, where an item is unavailable, or where there is a pricing error (section 25). If we decline an Order after taking payment, we refund it in full.

5.4 Each Order forms a separate Contract.

6. Payment

6.1 Payment is taken in full when you place your Order, by card, Apple Pay, Google Pay or PayPal through our payment providers. Orders agreed by email or telephone are paid by secure payment link or bank transfer before production starts.

6.2 Our payment providers handle your card details; full card numbers never reach our systems. We may carry out reasonable fraud and payment checks before accepting an Order.

6.3 Refunds are made to the original payment method.

7. Product information and samples

7.1 Website images and mock-ups are illustrative. Colours on screen may differ from the physical product, and dimensions and weights are approximate.

7.2 Storage capacities follow industry convention: the space available to you after formatting is slightly lower than the stated capacity.

7.3 Manufacturers sometimes update components and finishes. We will not substitute a materially different product without your approval.

8. Your designs, artwork and visual proofs

8.1 You are responsible for the content of your Artwork, including spelling, contact details, logos and colour references, whether you upload it or create it in our product designer.

8.2 We send a free Visual Proof by email before production. Production does not begin until you approve the proof in writing, by email or through the Website; verbal approval is not accepted.

8.3 Please check the proof carefully, including wording, logos, colours, layout, branding position and size, product style, capacity, quantity and packaging.

8.4 You are responsible for errors in a proof you have approved. We remain responsible for making the Goods materially in line with the approved proof, within the tolerances in section 9.

8.5 Reasonable revisions to the proof are included. If your Artwork needs redrawing or extra design work, we will tell you the cost before doing it.

8.6 Delays in supplying Artwork or approving a proof extend the lead time.

9. Branding, colours and tolerances

9.1 Printing and engraving involve reasonable tolerances in position, size, depth and colour, assessed against the approved proof.

9.2 Exact colour matching cannot be guaranteed. Colour can vary with the material, finish, printing method, lighting, screen and production batch.

9.3 Natural materials such as wood, bamboo, cork and leather vary in grain, tone and texture between items. This is a characteristic of the material, not a fault.

9.4 Goods that match the approved proof and specification within these tolerances conform to the Contract.

10. Intellectual property

10.1 You keep ownership of the Artwork you supply and give us permission to use it only to prepare proofs, make your Goods and carry out the Contract.

10.2 You confirm that you own, or have permission to use, all Artwork you supply, including any names or photographs of people, and that using it for your Order will not infringe anyone else’s rights. You will cover our losses arising from a third-party claim that your Artwork infringes their rights.

10.3 Designs, templates and proofs we create remain ours unless we agree otherwise in writing.

10.4 We will not show your finished products or logo in our marketing without your permission.

10.5 We keep your Artwork and approved proofs for up to 5 years after your last order so repeat orders match exactly, as explained in our Privacy Policy. Please keep your own copies of your files.

11. Custom goods

11.1 Most of our Goods are Custom Goods, made to your design and specification, and they cannot be resold.

11.2 Production is committed once you approve the proof: materials are ordered and production time is reserved for your Order.

11.3 Custom Goods are not covered by the 14-day cancellation right that applies to most online purchases by consumers, because they are made to your specification or clearly personalised. This does not affect your rights if Goods are faulty, damaged or not as ordered (sections 17 and 18).

12. Changes and cancellations

12.1 Please ask for changes by email. We will confirm whether the change is possible and any effect on price and lead time; changes apply only once we confirm them in writing.

12.2 You can cancel an Order for Custom Goods before you approve the proof, and we will refund you in full. After you approve the proof, production has started and the Order cannot normally be cancelled. Where we agree to a cancellation after approval, we may deduct the cost of work already done and materials already committed.

12.3 We may cancel a Contract by email if we cannot obtain payment, if Artwork or approvals are not provided after reasonable reminders, or if supply would be unlawful or infringe someone else’s rights. We refund any sums paid for Goods not supplied.

13. Returns of unbranded items

13.1 Plain items that have not been branded, printed, engraved or personalised can be returned within 14 days of delivery if you change your mind. Please tell us by email within that time, then send the items back within 14 days of telling us.

13.2 Items must be unused, in their original condition and packaging, and you pay the cost of returning them unless they are faulty or incorrect.

13.3 We refund the price of the returned items, and the standard delivery charge you paid for them, within 14 days of receiving them back. We may reduce a refund if items have been handled more than was needed to check them.

13.4 Branded and personalised items cannot be returned for change of mind (section 11). The full process is on our Returns Policy page.

14. Production and lead times

14.1 Lead times are shown on the Website and run from your proof approval. As a guide, most orders arrive within 5 working days of approval; orders of 50 or more, and 64GB and 128GB sticks, take 10 to 12 working days.

14.2 Lead times are estimates unless we guarantee a date in writing. If you need your Order by a particular date, please tell us before you approve the proof.

14.3 Lead times can be affected by public holidays, factory closures (including Chinese New Year), material shortages, customs and courier performance. We will tell you promptly about any material delay.

15. Delivery

15.1 You are responsible for giving us an accurate delivery address and contact details. Extra costs caused by an incorrect address are your responsibility.

15.2 We deliver by tracked courier, and a signature may be required. If a delivery attempt fails, the courier will arrange re-delivery or collection; re-delivery charges may apply.

15.3 We are not responsible for delays caused by events outside our reasonable control (section 22). If we fail to deliver Custom Goods within a substantially longer time than estimated, through our own fault, you may cancel and receive a refund.

16. International delivery

16.1 We deliver to most countries. Delivery charges are shown at checkout.

16.2 Unless we agree otherwise in writing, you (or your recipient) are the importer and are responsible for import duties, taxes and customs charges in the destination country. Delivery estimates do not include time spent in customs.

16.3 We will not supply Goods where this would breach UK, UN or other applicable sanctions or export controls.

17. Damage, shortages and incorrect items

17.1 Please check your Order promptly on delivery and note any visible damage with the courier where possible.

17.2 Please report visible damage or missing parcels within 3 Working Days of delivery, and shortages or incorrect items within 5 Working Days, by email to [email protected] or by telephone on 0800 130 3366, with your order number, photographs and the quantities affected.

17.3 Please keep the Goods and packaging as received until we have had a reasonable chance to look into the problem. Returns need our agreement first.

17.4 Late reports are still considered, but a claim we cannot reasonably investigate because of the delay may be reduced or declined. This does not affect a consumer’s statutory rights.

18. Faulty goods and remedies

18.1 Goods are faulty if they do not match the approved proof and specification in a material way (allowing for section 9), or do not meet the standards required by law.

18.2 We will look into reported faults promptly and may ask for photographs, sample items or the return of affected Goods.

18.3 Where Goods are faulty, damaged or incorrect, we will reprint or replace the affected items, repair them, or refund their price, as appropriate, and we cover the return cost.

18.4 This section does not cover damage caused by misuse, accidents, incorrect storage, modification, use with incompatible equipment or normal wear.

19. Warranty

19.1 USB sticks come with a 10-year warranty from delivery, covering failure of the memory and working parts in normal use.

19.2 The warranty does not cover accidental damage, misuse, liquid damage, modification, normal wear (including wear to branding from use), the data stored on a device, or incompatibility with particular equipment or software.

19.3 To claim, contact us with your order number and a description of the fault. We will replace the affected item, or refund or credit it where replacement is not practical. A replacement carries the rest of the original warranty period.

19.4 Please always keep your own backups. We are not responsible for the loss of data stored on a USB stick (section 21.4).

19.5 This warranty is in addition to your other rights, including your statutory rights if you are a consumer.

20. Risk and ownership

20.1 Risk in the Goods passes to you on delivery.

20.2 Ownership passes to you when we have received payment in full.

21. Liability

21.1 Nothing in these terms excludes or limits our liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be excluded or limited.

21.2 Subject to clause 21.1, our total liability for an Order is limited to the price paid for that Order.

21.3 Subject to clause 21.1, we are not liable to business customers for loss of profit, revenue, business, goodwill or opportunity, or for indirect or consequential loss. If you are a consumer, we are not liable for losses that were not foreseeable when the Contract was made.

21.4 You are responsible for keeping backup copies of all photographs, films and other files you store on our products. Subject to clause 21.1, we are not liable for loss of data stored on a device.

22. Events outside our control

22.1 We are not liable for delay or failure caused by events beyond our reasonable control, such as natural disasters, fire, flood, epidemics, war, government action, sanctions, port or customs disruption, strikes, courier disruption, power or internet failure, factory closures or material shortages.

22.2 We will tell you promptly, take reasonable steps to limit the effect and resume as soon as we can. If the event lasts more than 60 days, either of us may cancel the affected Order, and we will refund any sums paid for Goods not supplied.

23. Confidentiality

23.1 We keep your unreleased designs, pricing and other confidential information private and use it only to carry out your Order. We sign a separate non-disclosure agreement on request.

24. Data protection

24.1 We handle your personal information as described in our Privacy Policy, in line with the UK GDPR and the Data Protection Act 2018.

24.2 We do not copy photographs, films or other files onto USB sticks for customers, so please do not send us your clients’ files.

25. Website and pricing errors

25.1 We take care to keep the Website accurate, but errors can happen. If we find an obvious pricing or description error before sending the Order Confirmation, we may correct it and tell you before going ahead. If we find a material error after the Contract is formed, we will contact you, and you can proceed at the correct price or cancel for a full refund.

26. Suspension and termination

26.1 Either of us may end a Contract by written notice if the other commits a material breach and does not put it right within 14 days of being asked to, or becomes insolvent.

26.2 If a Contract ends, you pay for work completed and materials reasonably committed, and we refund any sums paid for work not done.

27. General

27.1 These terms, your Order and the Order Confirmation are the entire agreement between us for that Order. Nothing in this clause limits liability for fraud.

27.2 Changes to a Contract must be agreed in writing; email is acceptable. A delay in enforcing a right is not a waiver of it.

27.3 If any provision is found unenforceable, the rest of these terms continue to apply.

27.4 We may use subcontractors for production and delivery, but we remain responsible for them. You may not transfer the Contract without our written consent.

27.5 No one other than you and us has any right to enforce these terms.

27.6 We may update these terms from time to time. The terms in force when you place your Order apply to that Order.

28. Governing law and jurisdiction

28.1 These terms and each Contract are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

28.2 If you are a consumer, you keep the protection of the mandatory laws of the part of the United Kingdom where you live, and you may bring proceedings in the courts there.

29. Contact information