These Terms and Conditions ("Terms") govern your access to and use of the website located at www.encapturedenvironment.com (the "Website") and the purchase of photographic prints and products made available through the Website (collectively, the "Products"). The Website is operated by Liam Burgess, trading as Encaptured Environment ("we", "us", "our").

By accessing the Website, browsing its content, placing an order, or completing a purchase, you ("the Buyer", "you", "your") confirm that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree with any part of these Terms, you must not use this Website or purchase any Products.

We reserve the right to update or amend these Terms at any time without prior notice. The version of the Terms in force at the time you place an order shall govern that transaction. It is your responsibility to review the current Terms before each purchase. Continued use of the Website following any amendment constitutes your acceptance of the revised Terms.

These Terms do not affect your statutory rights as a consumer under applicable Jersey or United Kingdom consumer protection legislation.

Encaptured Environment is a sole trader business operated by Liam Burgess. We are based in Jersey, Channel Islands.

Trading name: Encaptured Environment

Operator: Liam Burgess

Website: www.encapturedenvironment.com

Jurisdiction: Jersey, Channel Islands

For all enquiries — including order queries, licensing requests, and complaints — please contact us via the contact form on the Website or through the email address provided therein. We aim to respond to all correspondence within five (5) working days.

3.1 Ownership of Photographic Works

All photographs displayed, sold, or otherwise made available on this Website are protected by copyright law. Unless expressly stated otherwise:

• All photographic images created by Liam Burgess are the sole and exclusive intellectual property of Liam Burgess.

• All photographic images created by contributing or guest photographers are the sole and exclusive intellectual property of those respective photographers, and are licensed to Encaptured Environment for the purpose of sale and display on this Website only.

• Copyright in each image subsists automatically upon creation in accordance with the Copyright (Jersey) Law 2011 and applicable international copyright conventions, including the Berne Convention for the Protection of Literary and Artistic Works.

3.2 No Transfer of Copyright

The purchase of any Product from this Website — whether a physical print, canvas, framed print, digital download, or any other medium — constitutes a limited licence to own and display the purchased physical or digital item for personal, non-commercial use only. It does NOT constitute, and shall not be construed as, a transfer, assignment, or waiver of any intellectual property rights, including copyright, in the underlying photographic image.

The copyright in every image remains vested in the respective photographer at all times, irrespective of any sale.

3.3 Website Content

All content on this Website — including but not limited to photographs, text, graphics, logos, the Website's design and layout, and software — is protected by intellectual property law and is owned by or licensed to Encaptured Environment. Nothing on this Website shall be construed as granting any licence or right to use any content without our express prior written consent.

4.1 Permitted Personal Use

Subject to these Terms, upon completing a valid purchase you are granted a limited, non-exclusive, non-transferable, revocable licence to:

• Display the physical print privately within your own home or personal premises for personal, non-commercial enjoyment.

• In the case of a digital download (where explicitly offered), display the image on personal, private devices for personal viewing.

4.2 Strictly Prohibited Uses

The following uses are strictly prohibited without our prior written consent and, where applicable, the written consent of the originating photographer:

• Reproducing, copying, scanning, photographing, or otherwise duplicating any image in any format or medium.

• Reselling, re-offering for sale, auctioning, or otherwise transferring any purchased print or digital file to any third party for commercial gain.

• Distributing, sharing, uploading, or transmitting any image — in whole or in part — via the internet, social media platforms, file-sharing services, or any other electronic or physical means, unless as a personal, non-monetised display with appropriate attribution.

• Using any image for commercial purposes, including advertising, marketing, branding, editorial publication, product packaging, or any form of commercial reproduction.

• Altering, editing, cropping, colouring, manipulating, or creating derivative works from any image without express written permission.

• Removing, obscuring, or modifying any watermark, copyright notice, or metadata embedded in or attached to any image.

• Printing or reproducing purchased digital files beyond the scope of personal display on personal devices.

• Minting, tokenising, listing, selling, or otherwise using any image or derivative thereof as a Non-Fungible Token (NFT) or in connection with any blockchain-based technology, smart contract, or digital asset platform.

• Using any image in connection with artificial intelligence training datasets, generative AI models, machine learning systems, or any automated content generation technology.

• Displaying any image in a commercial setting, including offices, retail premises, hotels, restaurants, galleries, or public exhibitions, without a separate commercial display licence obtained in writing from us.

• Framing, mounting, or re-presenting any print in a manner designed to deceive any person as to the origin or ownership of the work.

4.3 Social Media and Personal Sharing

Where you share a photograph of a purchased physical print on personal social media for non-commercial purposes (e.g. showing the print displayed in your home), we ask — though do not legally require in all cases — that you credit Encaptured Environment and the originating photographer where known. You must not tag such posts with commercial intent, sell prints through third-party platforms, or represent the image as your own work.

4.4 Licensing Enquiries

If you wish to use any image for commercial, editorial, or any other purpose beyond the personal use licence described above, you must contact us in writing prior to any such use to discuss licensing arrangements. Licensing terms are negotiated individually and must be agreed in writing before any use commences.

5.1 Print on Demand Nature of Products

All physical products sold on this Website are produced on a print-on-demand basis. This means that each item is manufactured specifically to order. Products are not pre-stocked, and production commences only upon receipt of a confirmed order and successful payment.

As a result of the print-on-demand nature of our Products, cancellation rights are limited once production has commenced. Please refer to Section 8 (Cancellations, Returns, and Refunds) for full details.

5.2 Product Descriptions and Accuracy

We take reasonable care to ensure that all product descriptions, specifications, dimensions, paper stocks, and colour representations on the Website are accurate. However, due to variations between different screens, monitors, and display devices, the colours of prints as displayed on your device may not perfectly represent the colours of the finished physical print. We accept no liability for such variations arising from your display settings.

All dimensions stated are approximate. Slight variations in size may occur due to the nature of print production and framing. These do not constitute a defect or grounds for return.

5.3 Order Confirmation

Submission of an order through the Website constitutes an offer to purchase. A contract between you and Encaptured Environment is formed only upon our acceptance of your order, confirmed by an order confirmation email sent to the email address provided by you at checkout. We reserve the right to refuse or cancel any order at our discretion, including in cases of suspected fraud, pricing errors, or stock unavailability, and in such cases we will issue a full refund of any sums paid.

5.4 Pricing and Payment

All prices displayed on the Website are in British Pounds Sterling (GBP) unless otherwise stated. Prices include any applicable taxes unless expressly stated otherwise. We reserve the right to alter prices at any time without prior notice, but price changes will not affect orders that have already been confirmed.

Payment is processed securely via Squarespace's integrated payment system PayPal. We do not store your payment card details. All payment processing is subject to the terms and privacy policy of the relevant payment processor.

6.1 Delivery Timeframes

Estimated delivery timeframes are provided on the Website and in your order confirmation. These are estimates only and are not guaranteed. Delivery times may vary depending on the destination, third-party courier performance, and circumstances beyond our control, including but not limited to postal disruptions, customs delays (for international orders), and force majeure events.

6.2 Shipping from Jersey EDIT THIS

Products are dispatched from Jersey, Channel Islands. Jersey is a Crown Dependency and is not part of the United Kingdom's customs territory for VAT purposes. Buyers based in the United Kingdom, European Union, or other jurisdictions should be aware that their order may be subject to import duties, taxes, or customs charges levied by the destination country's authorities. Any such charges are entirely the responsibility of the Buyer. We have no control over these charges and cannot predict their amount. We recommend that you contact your local customs office for further information before placing an order.

6.3 Delivery Address and Failed Deliveries

It is your sole responsibility to provide a complete, accurate, and current delivery address at the time of order. We accept no liability for loss or delay caused by an incorrect or incomplete address provided by you. If a parcel is returned to us due to an incorrect address, failed delivery, or failure to collect, re-delivery charges may apply.

6.4 Risk and Title

Risk in the Products passes to you upon delivery. Title to the Products passes to you upon our receipt of cleared payment in full.

6.5 Damaged or Lost Goods in Transit

If your order arrives damaged, please retain all original packaging and photograph the damage before contacting us within 48 hours of receipt. Where goods are proven to be damaged in transit or where delivery has been confirmed as lost by the courier, we will, at our discretion, offer a replacement or a full refund once the damaged goods have been returned to us. We reserve the right to conduct our own enquiries with the courier before processing any claim.

This Website may feature and sell prints of works created by photographers other than Liam Burgess ("Contributing Photographers"). In respect of such works:

• Copyright in works by Contributing Photographers remains vested in those photographers at all times.

• Encaptured Environment acts as an authorised sales agent or licensee for the sale of prints of such works and does not claim ownership of those works.

• All restrictions on use described in Section 4 apply equally to works by Contributing Photographers.

• Any licensing enquiries relating to works by Contributing Photographers should be directed to us, and we will facilitate contact with the relevant photographer where appropriate.

We do not warrant that Contributing Photographers' works are free from the claims of third parties, though we take reasonable steps to ensure that all works listed are offered with the knowledge and consent of their respective creators.

8.1 Your Right to Cancel

Given that all Products are custom-made to order on a print-on-demand basis, they are exempt from the general right to cancel that may apply to distance sales under standard consumer protection legislation, specifically because each item is made to the consumer's specifications and is personalised.

Notwithstanding the above, if you wish to cancel an order before production has commenced, please contact us as soon as possible. We will make reasonable efforts to stop production, but cancellation cannot be guaranteed once the order has been submitted to our production partner.

8.2 Faulty or Damaged Products

Nothing in these Terms limits or excludes your statutory rights in respect of faulty or misdescribed goods. If your Product is defective, materially different from its description, or damaged in transit, you are entitled to a remedy in accordance with applicable consumer protection law. Please contact us within 14 days of receipt, providing photographic evidence of the defect or damage. We will arrange a replacement or issue a refund as appropriate.

8.3 Non-Returnable Items

Unless the Product is faulty or misdescribed, we are unable to accept returns of custom-printed Products due to a change of mind, incorrect size selection by the Buyer, or dissatisfaction arising from differences between on-screen colour rendering and the finished print (see Section 5.2).

8.4 Refund Processing

Where a refund is due, it will be processed to the original payment method within 14 days of us confirming the entitlement to a refund. We are not liable for delays caused by your bank or payment provider.

9.1 General Limitations

To the fullest extent permitted by applicable law, Encaptured Environment and Liam Burgess (individually and collectively) shall not be liable to you or any third party for any:

• Indirect, consequential, incidental, special, or punitive damages;

• Loss of profits, revenue, business, or anticipated savings;

• Loss of data, goodwill, or reputation;

• Damages arising from your use or inability to use the Website or Products;

• Damages arising from errors, omissions, or inaccuracies in Website content;

• Damages arising from third-party acts, including courier failures, payment processor errors, or the actions of Contributing Photographers;

• Damages arising from circumstances beyond our reasonable control (see Section 12, Force Majeure).

9.2 Cap on Liability

In any event, our total aggregate liability to you in connection with any order shall not exceed the total price paid by you for the specific Product(s) giving rise to the claim.

9.3 No Exclusion of Statutory Rights

Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence, fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law. Your statutory rights as a consumer are not affected.

9.4 Website Availability

We do not warrant that the Website will be available at all times, free from errors, viruses, or other harmful components. We reserve the right to suspend, withdraw, or restrict access to the Website at any time without notice, and we shall not be liable for any loss or inconvenience arising from any unavailability.

The collection and processing of your personal data in connection with your use of this Website and any purchases made are governed by our Privacy Policy, which is incorporated into these Terms by reference and is available on the Website.

By placing an order, you consent to us processing your personal data as described in our Privacy Policy, including sharing your delivery details with our print production and courier partners solely for the purpose of fulfilling your order.

We do not sell, rent, or share your personal data with third parties for marketing purposes without your explicit consent.

All personal data is handled in accordance with applicable data protection legislation, including the Data Protection (Jersey) Law 2018 and, to the extent applicable, the UK General Data Protection Regulation (UK GDPR).

You agree that when using this Website you will not:

• Attempt to gain unauthorised access to any part of the Website, its servers, or any associated systems.

• Use any automated means, scraper, robot, or spider to access or harvest data from the Website.

• Upload, post, or transmit any content that is unlawful, defamatory, obscene, or infringes the rights of any third party.

• Use the Website to conduct any fraudulent activity or to impersonate any person.

• Interfere with or disrupt the Website or its infrastructure.

We reserve the right to terminate or restrict your access to the Website at our sole discretion and without notice if we believe you have breached these Terms or applicable law.

We shall not be in breach of these Terms, nor liable for any failure or delay in performing our obligations, where such failure or delay results from events, circumstances, or causes beyond our reasonable control. Such events include, but are not limited to: acts of God, natural disasters, pandemic or epidemic, fire, flood, severe weather, strikes or industrial action, war, terrorism, civil unrest, government action or restriction, postal or courier failures, power outages, or failures of third-party suppliers or infrastructure.

In such circumstances, we will notify you as soon as reasonably practicable, and our obligations will be suspended for the duration of the event. If the event continues for more than 30 days, either party may elect to cancel the order upon written notice, and any sums paid will be refunded in full.

This Website may contain links to third-party websites, including social media platforms, payment processors, and other external services. These links are provided for your convenience only. We have no control over the content, privacy practices, or terms of third-party websites, and we accept no responsibility or liability for them. The inclusion of a link does not constitute our endorsement of that website or its operator.

You agree to indemnify, defend, and hold harmless Liam Burgess, Encaptured Environment, its Contributors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your breach of these Terms;

• Your use of any Product in a manner not permitted by these Terms;

• Your infringement of any intellectual property rights of Encaptured Environment, any Contributing Photographer, or any third party;

• Any content submitted or transmitted by you through the Website;

• Your violation of any applicable law or regulation.

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Jersey, Channel Islands.

The courts of Jersey shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation, and you and we both submit to the exclusive jurisdiction of the Jersey courts.

Jersey is a Crown Dependency of the United Kingdom and has its own legal system. Whilst Jersey law is closely aligned with English common law principles, it is a distinct jurisdiction. Buyers based outside Jersey are advised that they may have additional or different consumer rights under their local law, which these Terms do not seek to exclude where such rights cannot lawfully be excluded.

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, that provision shall be severed from the remainder of the Terms, which shall continue in full force and effect.

Our failure to enforce any provision of these Terms on any occasion shall not constitute a waiver of that provision or of our right to enforce it in the future.

These Terms, together with our Privacy Policy and any other policies or notices published on the Website, constitute the entire agreement between you and Encaptured Environment with respect to your use of the Website and the purchase of Products, and supersede all prior representations, negotiations, or understandings, whether oral or written.

No variation to these Terms shall be binding unless agreed in writing and signed by an authorised representative of Encaptured Environment.

We are committed to resolving disputes in a fair, efficient, and transparent manner. If you have a complaint regarding any Product, order, or aspect of our service, please contact us in the first instance using the contact details in Section 2. We will acknowledge your complaint promptly and provide a substantive response within 14 working days.

If we are unable to resolve your complaint to your satisfaction, you may seek independent legal advice or, where applicable, escalate your complaint through any alternative dispute resolution scheme or consumer protection authority applicable to your jurisdiction.

Nothing in this Section prevents either party from seeking urgent injunctive relief from a court of competent jurisdiction.

Any formal notices required or permitted under these Terms shall be in writing and sent to us via the contact method provided on the Website. We may provide notices to you by email at the address you provided at checkout or by posting a notice on the Website. Notices sent by email shall be deemed received at the time of transmission (unless a delivery failure notification is received), and notices posted on the Website shall be deemed received at the time of posting.