Effective date: 2 October 2026
These Terms & Conditions govern purchases made through the Bon Arte Photography website.
1. ABOUT US
1.1 The website and products are operated by Bon Arte Photography, a sole trader business operated under the name Bon Arte Photography (“Bon Arte”, “we”, “us” or “our”).
1.2 Our business address is:
www.bonartephotography.com
1.3 Our contact email is:
1.4 Bon Arte Photography is an independent photography business. We create and sell photographic works and related digital products and licences.
2. PRODUCTS COVERED BY THESE TERMS
2.1 These Terms apply to all products offered through the Bon Arte Photography website, including:
(a) Consumer Digital Products, including digital self-print products and digital Samsung TV background products;
(b) Book Cover Licences, which are business-to-business licences for use of a photographic Asset in connection with a book publication; and
(c) Music Release Licences, which are business-to-business licences for use of a photographic Asset in connection with a specific music release.
2.2 The particular product description, licence terms, permitted uses and restrictions applicable to a product are those stated on the relevant product page, together with any product-specific agreement incorporated into the purchase.
2.3 Where a product is sold subject to a separate licence agreement, that licence agreement forms part of the contract for that purchase.
3. PRODUCT TYPES
3.1 Consumer Digital Products
Consumer Digital Products include:
(a) digital self-print products; and
(b) digital Samsung TV background products.
Where the same photographic work is offered in both formats, each format constitutes a separate product variant with the functionality and permitted use described on the relevant product page.
Unless expressly stated otherwise, purchase of a Consumer Digital Product does not transfer copyright or ownership of the underlying photograph to the purchaser.
3.2 Book Cover Licences
Book Cover Licences are available only for business and professional use.
The available licence variants are:
A. eBook Licence
Use of the Asset for an eBook cover within the permitted scope stated on the relevant product page and licence terms.
B. eBook + Print Licence
Use of the Asset for an eBook cover and printed book editions up to the applicable stated limit.
C. Exclusive eBook + Print Licence
Use of the Asset for an eBook cover and printed book editions within the applicable stated scope, together with the exclusive rights expressly granted under the applicable licence terms.
Where an exclusive Book Cover Licence is purchased, the relevant Asset is withdrawn from new commercial licensing in accordance with the applicable licence agreement.
3.3 Music Album & Single Cover Image Licences
Music Album & Single Cover Image Licences are available exclusively for business and professional use.
These licences grant the Licensee specified rights to use the particular photographic image purchased from Bon Arte Photography (the “Asset”) as cover artwork for a music album, single or other specified music release.
The available licence tiers are:
Tier 1 — Digital Music Cover Image Licence
A non-exclusive licence to use the Asset as cover artwork for the Specific Music Release in digital formats and on permitted digital music platforms, subject to the scope and restrictions stated in the applicable licence agreement.
Tier 2 — Exclusive Music Cover Image Licence
An exclusive licence to use the Asset as cover artwork for the Specific Music Release within the expressly defined scope of the applicable licence agreement, including the permitted digital, physical and limited merchandise uses stated in that agreement.
The licence relates solely to the photographic Asset. It does not grant any rights in the music, sound recording, musical composition, artist name, record label or any other intellectual property associated with the Specific Music Release.
Copyright in the Asset remains with Bon Arte Photography unless expressly stated otherwise in writing.
The detailed rights, restrictions, exclusivity, permitted uses and other terms applicable to each licence are governed by the applicable Digital Visual Asset Licence Agreement — Music Album & Single Cover Image Use.
4. COPYRIGHT AND OWNERSHIP
4.1 Unless expressly stated otherwise in writing, copyright in all photographs and other original creative works offered by Bon Arte remains with Bon Arte.
4.2 Purchasing a digital product or licence does not transfer ownership of copyright.
4.3 A licence grants only the rights expressly stated in the applicable licence terms. No other rights are granted by implication.
4.4 In particular, no purchaser acquires the right to:
(a) resell the original photographic Asset;
(b) distribute the original Asset as a standalone file;
(c) make the Asset available as a stock image;
(d) use the Asset to create or train an artificial intelligence or machine-learning dataset;
(e) represent the purchaser as the copyright owner of the original photograph; or
(f) grant rights to third parties except where expressly permitted by the applicable licence.
5. AUTHENTIC PHOTOGRAPHY
5.1 Bon Arte’s photographic products are based on photographs created by Bon Arte.
5.2 Unless expressly stated otherwise, the photographic Asset itself is not generated by generative artificial intelligence.
5.3 This statement concerns the creation of the photographic Asset and does not prevent ordinary photographic or digital post-processing, editing, colour correction, cropping or other conventional image processing.
6. PRODUCT DESCRIPTIONS
6.1 We make reasonable efforts to ensure that product descriptions, previews, specifications and licence information are accurate.
6.2 The photographic preview shown on a product page may differ from the appearance of the final digital file because of screen settings, colour profiles, device settings or printing conditions.
6.3 For self-print products, the purchaser is responsible for selecting appropriate printing equipment, paper, colour settings and print service providers.
6.4 For Samsung TV background products, compatibility depends on the purchaser’s television model, software, settings and supported file formats.
6.5 The purchaser is responsible for checking the product description and stated compatibility before purchase.
7. PRICES AND PAYMENT
7.1 Prices are displayed on the relevant product page and at checkout.
7.2 The total price payable will be displayed before the order is submitted.
7.3 Payment must be successfully authorised before a digital product or licence is supplied.
7.4 We reserve the right to correct obvious pricing or product-description errors before accepting an order.
7.5 If an obvious pricing error has resulted in an order being placed, we may contact the purchaser before fulfilling the order and offer the option to proceed at the correct price or cancel the order.
8. ORDER ACCEPTANCE
8.1 Placing an order through the website constitutes an offer by the purchaser to purchase the selected product on these Terms and any applicable product-specific terms.
8.2 An automated order acknowledgement confirms receipt of the order but does not necessarily constitute acceptance if the order has not yet been accepted or payment has not been successfully processed.
8.3 A contract is formed when we accept the order and payment has been successfully processed, unless otherwise stated on the relevant product page.
8.4 The electronic order record maintained by our website constitutes evidence of the transaction.
9. TERMS ACCEPTANCE
9.1 Before completing a purchase, the purchaser must confirm acceptance of the Terms & Conditions applicable to the purchase where the checkout requires such acceptance.
9.2 The checkout acceptance applies to these Terms and to any product-specific terms expressly incorporated into the relevant purchase.
9.3 Where a purchase is subject to a separate licence agreement, acceptance of the purchase constitutes electronic acceptance of that licence agreement where the checkout expressly identifies and incorporates it.
9.4 The electronic record of the order, including the date, time, purchaser information, product purchased and applicable version of the relevant terms, may be retained as the contractual record.
10. BUSINESS-TO-BUSINESS PRODUCTS
10.1 Products expressly identified as Business-to-Business or B2B are offered exclusively for business and professional use.
10.2 B2B products include Book Cover Licences and Music Release Licences.
10.3 A B2B product is not offered for consumer or private use.
10.4 Where a B2B product is purchased, the purchaser must provide the business information requested at checkout, including a company or trading name where required.
10.5 The purchaser of a B2B licence confirms under the applicable licence agreement that the licence is acquired wholly or principally for the purposes of its trade, business, craft or profession and not as a consumer.
10.6 The B2B status of a product does not alter any mandatory legal rights or protections that cannot lawfully be excluded.
11. BOOK COVER LICENCES
11.1 A Book Cover Licence grants only the rights expressly specified in the licence variant purchased.
11.2 The applicable licence terms determine:
(a) whether eBook use is permitted;
(b) whether print use is permitted;
(c) any print quantity limitation;
(d) whether the licence is exclusive;
(e) the scope and duration of any exclusivity; and
(f) any restrictions on modification, distribution or other use.
11.3 An eBook Licence does not automatically include print rights.
11.4 An eBook + Print Licence does not automatically confer exclusivity.
11.5 An Exclusive Book Cover Licence grants exclusivity only to the extent expressly stated in the applicable licence agreement.
11.6 The purchase of a Book Cover Licence does not transfer copyright in the photographic Asset.
12. MUSIC RELEASE LICENCES
12.1 Music Release Licences are governed by the applicable Digital Visual Asset Licence Agreement — Music Album & Single Cover Image Use.
12.2 The applicable licence agreement identifies the Asset, Licence Tier and Specific Music Album & Single Cover Image and defines the permitted scope of use.
12.3 Tier 1 is non-exclusive unless the applicable licence agreement expressly states otherwise.
12.4 Tier 2 grants exclusivity only within the scope expressly stated in the applicable licence agreement and does not constitute an assignment of copyright.
12.5 Following a valid Tier 2 purchase, the Asset may be withdrawn from new commercial licensing in accordance with the applicable licence agreement.
12.6 Bon Arte may retain and display an Asset after an exclusive licence has been granted where the applicable licence agreement expressly permits such display, including for portfolio, archive and “SOLD” purposes.
13. DELIVERY OF DIGITAL PRODUCTS
13.1 Digital products are supplied electronically.
13.2 Delivery may take place by:
(a) download made available through the website;
(b) email;
(c) customer account access; or
(d) another electronic method stated on the relevant product page.
13.3 The purchaser is responsible for providing accurate contact and account information and for ensuring that the purchaser’s device and software are capable of receiving and using the purchased digital product.
13.4 We are not responsible for delivery failures caused by incorrect information supplied by the purchaser, unavailable email accounts, blocked messages, inadequate storage, incompatible devices or other circumstances outside our reasonable control.
14. CONSUMER DIGITAL PRODUCTS
14.1 Sections 14 and 15 apply specifically to purchasers who are consumers purchasing Consumer Digital Products.
14.2 Nothing in these Terms excludes or limits any statutory consumer rights that cannot lawfully be excluded or limited.
14.3 Digital content supplied to consumers must comply with the applicable statutory requirements concerning satisfactory quality, fitness for purpose and conformity with its description.
14.4 Where mandatory consumer legislation gives the purchaser a right to a remedy, that right is not excluded by these Terms.
14.5 Where digital content is supplied electronically, the purchaser may have statutory cancellation rights unless an applicable statutory exception applies.
14.6 Where the purchaser requests immediate supply of digital content during the cancellation period, the relevant statutory requirements concerning express consent and acknowledgement will apply.
15. CONSUMER RIGHTS AND DIGITAL DELIVERY
15.1 Nothing in these Terms excludes or limits any statutory rights or remedies available to a consumer under applicable consumer protection legislation.
15.2 Where a consumer purchases digital content that is supplied immediately or before the expiry of the statutory cancellation period, the consumer will be asked to expressly consent to the immediate supply of the digital content and to acknowledge that, once supply begins, the statutory right to cancel the contract will be lost, where and to the extent required by applicable law.
15.3 Once the supply of the digital content has begun following the consumer’s express consent and acknowledgement referred to in Clause 15.2, the consumer cannot cancel the contract under the statutory cancellation right applicable to distance contracts merely because the digital content is no longer wanted or because it has already been downloaded or accessed.
15.4 Nothing in this Clause affects any separate statutory rights or remedies that may arise where the digital content is faulty, not of satisfactory quality, not fit for purpose, does not conform to its description, or otherwise fails to comply with applicable consumer protection legislation.
15.5 Any term intended to apply to consumers shall be interpreted and applied consistently with applicable consumer protection legislation. Consumer contract terms must be fair and transparent, and an unfair term will not be binding on the consumer.
16. B2B LICENCE USE
16.1 A B2B Licensee may use an Asset only within the scope of the licence purchased.
16.2 The Licensee is responsible for ensuring that its intended commercial use complies with the applicable licence terms.
16.3 Unless expressly permitted by the applicable licence, the Licensee may not:
(a) transfer the licence;
(b) sell or sublicense the Asset;
(c) make the original Asset available as a standalone downloadable resource;
(d) use the Asset outside the permitted publication or release;
(e) represent itself as the copyright owner; or
(f) use the Asset for any purpose outside the scope of the licence.
16.4 Any additional rights must be agreed in writing.
17. THIRD-PARTY RIGHTS AND FINAL USE
17.1 Photographs may incidentally depict third-party elements such as signs, trade marks, logos, buildings, products, artwork, packaging or other identifiable material.
17.2 Unless expressly stated otherwise in the applicable licence agreement, Bon Arte does not warrant that every incidental element depicted in a photograph is cleared for every possible use by every possible third party.
17.3 For B2B licensed use, the Licensee is responsible for the final composition, context and manner of publication of the Asset and for obtaining any additional permission, clearance, consent or licence required for its particular intended use.
17.4 The Licensee is responsible for material added to the Asset by or on behalf of the Licensee, including text, logos, branding, artist names, labels, artwork and other third-party material.
17.5 Nothing in this clause excludes liability that cannot lawfully be excluded.
18. MODIFICATION OF ASSETS
18.1 Permitted modifications depend on the relevant product or licence terms.
18.2 Unless expressly permitted, a purchaser may not materially modify or transform a licensed Asset beyond the permitted use.
18.3 Normal resizing, formatting and technical preparation necessary to produce the permitted publication are permitted where consistent with the applicable licence.
18.4 The Licensee remains responsible for reviewing the final version before publication.
19. ARTIFICIAL INTELLIGENCE AND DATASET USE
19.1 Unless expressly authorised in writing, no purchaser may use a Bon Arte photographic Asset:
(a) as training data for an artificial intelligence or machine-learning system;
(b) to create a dataset for artificial intelligence or machine learning;
(c) to generate synthetic imagery intended to replace or reproduce the Asset; or
(d) for the development or training of a generative image model.
19.2 This restriction applies independently of any other permitted licence use.
20. COPYRIGHT INFRINGEMENT AND UNAUTHORISED USE
20.1 The purchaser must not reproduce, distribute, sell, upload, share or otherwise exploit an Asset beyond the rights expressly granted.
20.2 Unauthorised use may constitute copyright infringement or breach of contract.
20.3 Bon Arte reserves all rights and remedies available under applicable law.
21. LIMITATION OF LIABILITY
21.1 Nothing in these Terms excludes or limits liability which cannot lawfully be excluded or limited.
21.2 Subject to Clause 21.1, in relation to B2B transactions, Bon Arte shall not be liable for losses arising from:
(a) use of an Asset outside the scope of the applicable licence;
(b) the Licensee’s final artwork, design, composition or publication;
(c) any text, logo, trademark, branding, artwork or other material added to an Asset by or on behalf of the Licensee;
(d) the Licensee’s failure to obtain any third-party permission, consent, licence or clearance required for its intended use;
(e) modifications or alterations made to an Asset by or on behalf of the Licensee; or
(f) use of the Asset in any context, manner, territory, medium or channel not authorised by the applicable licence.
21.3 Subject to Clause 21.1, Bon Arte’s total aggregate liability arising out of or in connection with any B2B transaction shall not exceed the amount actually paid by the Licensee for the relevant Asset or licence giving rise to the claim.
21.4 In relation to consumers, nothing in these Terms excludes or limits any statutory consumer rights or any liability which cannot lawfully be excluded or limited.
21.5 Any limitation of liability applicable to a B2B licence is subject to the terms of the relevant licence agreement.
21.6 Where a specific licence agreement contains a more specific provision governing liability, indemnity or allocation of risk, that provision shall apply to the relevant licence transaction to the extent of any inconsistency with these Terms.
22. INTELLECTUAL PROPERTY OF BON ARTE
22.1 All copyright and other intellectual property rights in the website, photographs, previews, product images, written descriptions, graphics and other materials created by Bon Arte remain with Bon Arte or the relevant rights holder.
22.2 No part of the website or its content may be reproduced or commercially exploited without permission, except where expressly permitted by law or by a licence granted by Bon Arte.
23. AVAILABILITY OF THE WEBSITE
23.1 We aim to keep the website available and functioning but do not guarantee uninterrupted availability.
23.2 We may temporarily suspend, modify or withdraw website functionality for maintenance, security, technical or operational reasons.
23.3 Such suspension does not affect rights already granted under a valid licence unless otherwise provided by the applicable licence agreement.
24. PRODUCT AVAILABILITY
24.1 We may withdraw products from sale at any time before an order is accepted.
24.2 Withdrawal of an Asset from future sale does not affect a licence validly granted before withdrawal.
24.3 Where an Asset has been sold under an exclusive licence, it may be marked as “SOLD”, “EXCLUSIVE — SOLD” or similar and withdrawn from new commercial licensing in accordance with the applicable licence terms.
25. REFUNDS AND CANCELLATIONS
25.1 Refund and cancellation rights depend on the nature of the product and whether the purchaser is a consumer or a business.
25.2 The Consumer’s statutory right to cancel is lost to the extent permitted by applicable law once supply of the digital content begins following the Consumer’s express consent and acknowledgement.
25.3 B2B purchases are subject to the applicable contract and licence terms.
25.4 Nothing in this clause prevents a purchaser from exercising a right or remedy which cannot lawfully be excluded.
26. EVENTS OUTSIDE OUR REASONABLE CONTROL
26.1 We are not responsible for failure or delay caused by circumstances beyond our reasonable control.
26.2 Such circumstances may include significant technical failures, payment-provider failures, hosting outages, internet failures, cyber incidents, governmental restrictions, natural events or other events outside our reasonable control.
26.3 This clause does not remove any statutory consumer rights which cannot lawfully be excluded.
27. PRIVACY
27.1 Personal information is processed in accordance with our Privacy Policy.
27.2 The Privacy Policy explains what information we collect, why we collect it, how it is used and the relevant data protection rights.
27.3 Personal information collected through an order may include information necessary to process the transaction, establish the contractual record, deliver products and administer licences.
28. ELECTRONIC CONTRACTING AND RECORDS
28.1 The parties agree that electronic communications and electronic records may be used to conclude and evidence transactions.
28.2 The electronic order record may include:
(a) purchaser information;
(b) product purchased;
(c) product variant;
(d) price;
(e) order number;
(f) date and time;
(g) applicable terms and licence version; and
(h) information entered by the purchaser during checkout.
28.3 For B2B licences, the order record together with the applicable licence agreement constitutes the contractual record of the transaction.
28.4 No handwritten signature is required unless a particular agreement expressly requires one.
29. ORDER OF PRECEDENCE
29.1 Where more than one contractual document applies to a purchase, the following order of precedence shall apply:
(a) any transaction-specific written term expressly agreed between Bon Arte and the purchaser;
(b) the applicable product-specific licence agreement;
(c) the applicable product description and licence specification;
(d) these Website Terms & Conditions.
29.2 Where a conflict concerns the specific scope of a licence, the applicable licence agreement shall prevail.
29.3 Where a conflict concerns general website purchasing procedures, these Terms shall apply unless the applicable product-specific terms expressly provide otherwise.
30. CHANGES TO THESE TERMS
30.1 We may update these Terms from time to time.
30.2 The version applicable to a purchase is the version made available and accepted at the time the order is placed.
30.3 Changes made after a purchase will not retrospectively alter rights already granted under an existing contract unless legally permitted and expressly agreed where required.
31. SEVERABILITY
31.1 If any provision of these Terms is found to be invalid, unlawful or unenforceable, the remaining provisions shall continue in force to the extent permitted by law.
31.2 Where a provision can be modified to make it lawful and enforceable while preserving its intended commercial effect, it shall be interpreted accordingly to the extent permitted by law.
32. NO WAIVER
32.1 Failure by either party to enforce a provision immediately does not constitute a waiver of that provision or of any other right.
33. ENTIRE AGREEMENT
33.1 These Terms, together with any applicable product-specific terms, licence agreement, product description and transaction-specific information, constitute the agreement relating to the relevant purchase.
33.2 The purchaser acknowledges that it has not relied upon any representation not expressly incorporated into the applicable contractual documents, subject always to any liability which cannot lawfully be excluded.
34. GOVERNING LAW AND JURISDICTION
34.1 These Terms and any contract formed under them are governed by the law of England and Wales.
34.2 Subject to any mandatory rights applicable to consumers, the courts of England and Wales shall have jurisdiction in relation to disputes arising from or connected with these Terms or a purchase.
34.3 Nothing in this clause limits any mandatory jurisdiction or legal protection that applies to a consumer under applicable law.
35. CONTACT
For questions concerning an order, product or licence, please contact:
Bon Arte Photography
Email: [email protected]
END OF WEBSITE TERMS & CONDITIONS