First Photographics Ltd Terms and Conditions
Dated: March 2016
1. Terms and Conditions
1.1 These terms and conditions ("Terms") (together with any documents to which reference is made) govern the online photo service ("Services") and the delivery of associated products, all as described on this website. Please read these terms and conditions carefully before ordering the Service from this website.
1.2 By ordering the Services, you agree to be bound by these Terms. You should print a copy of these Terms for future reference.
1.3 Please understand that if you refuse to accept these Terms, you will not be able to order the Services from this website.
1.4 We may change these Terms in our sole discretion without notice or reference to you and changes to the Terms become effective immediately they appear on this website. If you use the Services again after these Terms have been amended, you are deemed to have accepted the amended Terms, which are accordingly incorporated within the contract made between yourself and us. We therefore recommend that you read these Terms each time you order the Services.
1.5 These Terms remain in force until the later of satisfactory delivery of the Services by us, or payment in full by you for the Services. We may terminate our contract with you earlier if you materially breach of any of these Terms, and in the event we do so, we reserve the right to take any action against you or seek any remedy available to us, in respect of any your breach.
1.6 No other terms and conditions apply in respect of our provision of the Services to you. However, this does not affect your statutory rights as a consumer.
2. Information About Us
2.1 The Service is provided by us, First Photographics Ltd (registered in Scotland No. SC 256005 with a registered office The Square, Kintore, Inverurie, Aberdeen. We can be contacted by telephone on 01467 633322 by email on [email protected]. Our VAT number is 699 7156 60.
2.2 We may sub-contract the provision of the Services or any part of them at our discretion.
3. The Service
3.1 The Services enable you to upload your own photographic images ("Images") which we (or our agents and subcontractors) will store digitally so as to enable you to order photographic products or photo gifts made from your Images ("Photographic Products") to be delivered to you at an address in your country of residence being one of the serviced countries as identified on this website ("Serviced Countries").
3.2 These Terms shall be governed by and construed in accordance with the laws of Scotland. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the Scottish Courts.
4. Placing an Order for the purchase of Photographic Products
4.1 Details of our prices for the Photographic Products, and the procedures for payment are displayed on this website. These prices are subject to amendment from time to time.
4.2 By placing an order for the Services ("Order"), you are making an offer to buy the Photographic Products that you specify in the Order. If we accept your Order, we will confirm acceptance to you by email ("Confirmation") to the email address you have given us on transmitting the Order.
4.3 We may decline to accept your Order or to supply the Photographic Products to you for any reason whatsoever. We may otherwise cancel any Order or any part of it. Other than as set out in these terms, we shall not be responsible for any loss or damage of any kind, which you might suffer by reason of us declining to accept or for cancelling your Order.
4.4 If we cancel your Order or any part of it, we will notify you by e-mail and refund any monies already paid by you in accordance with our refund policy set out in section 8 below.
5. Price and Payment
5.1 You must pay in full by Pay Pal, credit or debit card in advance when you submit your Order by email. Payment will be collected at the time of placing this Order.
5.2 The price of your Photographic Products is the price in force at the date and time of you placing your Order, as set out on this website, inclusive of and the costs of packing and delivery and, subject to clause 5.3 below, inclusive of VAT (or other prevailing sales tax at the current rate). We may change any of these prices at any time before your Order has been accepted. We make every effort to ensure that prices indicated on this website are accurate, but the price on your Order shall be validated by us as part of the acceptance procedure under paragraph 4.2 above.
5.3 We deliver Photographic Products to the Serviced Countries, but where your Photographic Products are delivered outside the United Kingdom, the price is exclusive of any local sales taxes or customs or import duties, which may apply. We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
5.4 You warrant that all details you provide to us for the purpose of purchasing the Photographic Products, including the details of your credit or debit card, will be correct, that the credit or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of your purchase. We reserve the right to obtain confirmation of the validity of your credit or debit card details from any relevant financial services provider or credit reference agency.
6. Consumer Rights
6.1 Subject to Clause 6.2, you may cancel an Order without cause at any time within seven working days, beginning on the day after you received the Photographic Products set out in your Order. In this case, you will receive a full refund of the price paid for the Photographic Products in accordance with our refunds policy (set out in paragraph 8 below).
6.2 PLEASE NOTE THAT YOU MAY NOT CANCEL ANY ORDER WITHOUT CAUSE FOR PHOTOGRAPHIC PRODUCTS WHERE SUCH PHOTOGRAPHIC PRODUCTS INCORPORATE ANY OF YOUR IMAGES.
6.2 To cancel an Order, you must inform us either in writing (which may be by email), sent to us in accordance with paragraph 13 below. You must return the Photographic Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk.
6.3 This provision does not affect your statutory rights.
7.1 We will deliver the Photographic Products to the address for delivery stated by you at the time you make the Order.
7.2 We will attempt to deliver any Photographic Products under your Order within 14 working days of the date of our acceptance of your Order, but this date is an estimate only. Although we will make all reasonable efforts to deliver your Photographic Products within this time, we do not accept liability for any failure to deliver within that time.
7.3 In any event, notwithstanding the provisions of Clause 7.2, we will endeavor to deliver the Photographic Products to you within 30 days of Confirmation of your Order.
7.4 In the event that any anticipated delivery of your Photographic Products does not take place, you must promptly notify us by email and we shall make reasonable efforts to replace them.
8. Returns and Refund Policy
8.1 In the event that the Photographic Products are received by you in a damaged or defective condition, or if they do not materially match the description or pictures on the website, you may return the Photographic Products to us within 14 days of receipt, and we will If you do so, we will provide a full refund of the price paid by you inclusive of the return postage and packing.
8.2 If you return any Photographic Products to us in accordance with the clause 8.1, and we are able to prove that they were not faulty when they were received by you, we reserve the right to send them back to you and claim the cost of such return postage from you.
8.3 We will notify you of any refund of monies (including those due as a result of your cancellation of your Order under clause 6 above) via email within a reasonable period of time. We will refund any monies to you using the same method used by you to pay for your purchase. We will usually process the refund to you as soon as possible and in any event within 30 days of your cancellation or the day we confirmed to you via email that you were entitled to a refund for the delivery of any defective Photographic Product.
9. Your Responsibilities
9.1 You are responsible for the security and use of any password or login identifier issued to you in connection with the provision of the Services and you must take all reasonable steps to ensure that such identifiers are kept confidential and secure and that you do not allow any other person without your authority to use the Services using your password or identifier.
9.2 You also agree and warrant to us that all information given by you when you make an Order is accurate and not misleading and that you will not use the Services for any fraudulent or illegal purpose or for any commercial purpose (except in pursuit of your Order).
9.3 You must not upload any Images or any other material, or any content within such Images, which contain any threatening or defamatory or blasphemous, pornographic material or show any kind of child abuse, or are racially offensive or abusive of any religion or likely to incite hatred against any person or group or are otherwise criminal or offensive in the minds of reasonable people or are obscene or menacing or harassing or breach any applicable law.
9.4 You must only upload Images in which you own copyright (or which you are authorized to send to us by the copyright owner) and you warrant that none of the Images contain anything which would infringe any copyright, trade mark, design right or other intellectual property right of any third party.
9.5 We will not check the content of any Images provided by you. However, if any Images uploaded by you do not comply with these terms and conditions, particularly 9.3 or 9.4 above, we reserve the right to remove them with immediate effect and without any obligation or liability to you.
9.6 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of this these Terms.
9.7 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to upload your Images and you warrant that the Images you upload will be free from infection, viruses and/or other code that has contaminating or destructive properties.
9.7 Your use of the internet in uploading Images shall be entirely at your own risk and subject to all applicable laws and regulations in force. We will not be responsible for any loss of your Images howsoever caused.
9.8 Anything you download in connection with the Services is downloaded and used by you at your own risk and you are solely responsible for any damage to your own computer system or loss of data which results from the download of any such material.
9.9 You agree to indemnify us against any claims, costs, expenses or legal proceedings caused as a result of your use of the Services in contravention of this section 9 or if you are otherwise in breach of these Terms. In the circumstances of such contravention, you acknowledge that we will be entitled to terminate our contract with you and cancel any pending Order for Photographic Products made by you. We may also deny you access to the Services in the future.
10. Privacy and Data Protection
10.1 We do not store credit card details nor do we share customer details with any 3rd parties
10.2 You authorize us and our approved sub-contractors engaged in delivery of the Services to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, email address, credit or debit card details and visible content of your Images to the extent reasonably necessary to enable us to provide the Services. All such information collected by us shall be referred to in these Terms as "Personal Information" whether or not it is "personal information" within the meaning of the Data Protection Act 1998 ("DPA") and we shall treat it in compliance with the DPA.
10.3 When you submit an Order to us you agree that we may send you details of changes and improvements to the Services, as well as other products and services which we may offer in future. We may send you this information by email or post.
10.4 You must ensure that the Personal Information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details.
10.5 If our business or company is sold or integrated with another business, your information may be disclosed to our advisers and any prospective purchasers and their advisers and will be passed on to new owners of the business.
10.6 We will also use your information to look at ways in which this part of the website and our Service can be improved and for the purpose of administration. We may use aggregate information and statistics for the purposes of monitoring website usage in order to help us develop the Services. We may share your information and aggregate information with our service providers and other third parties for these purposes. Statistics will not include any information which can be used to identify you as an individual. We may also provide your information to our customer service agencies for research and analysis purposes so that we can monitor and improve the services we provide. We or our agents and subcontractors may contact you by post, telephone or email to request your comments on the Services and the website generally.
11. Security and Copyright
11.1 We will use all reasonable endeavors to ensure the security of your Images and your credit or debit card details that we obtained from you when you submit an Order.
11.2 The contents of this website are protected by international copyright laws and other intellectual property rights we are the owner or authorized user of these rights.
11.3 All product and company names and logos mentioned in connection with the Services are our trade marks or trading names or those of their respective owners. You may download material for the sole purpose of placing an Order for Photographic Products. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or download any material, including but not limited to text, graphics, video, messages, code and/or software without our prior written consent.
11.4 You or the original photographer (or otherwise as you may have provided for in writing) remain at all times the owner of the copyright in the Images themselves and the Photographic Products made from them. By uploading any Images to this website you grant to us a limited non-exclusive, fully paid up and royalty free licence to use, modify, publicly perform, publicly display, reproduce and distribute such materials solely on and through this website.
12. Limitations of Liability
12.1 We will use our commercially reasonable efforts to ensure that the Services will be provided with reasonable care and skill and the Photographic Products will be of satisfactory quality, will meet the descriptions set out on this website and will be reasonably fit for the purpose for which you bought them.
12.2 We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any products other than the Photographic Products we provide, or any information or service provided through this website.
12.3 The Services are is provided on an "as is" and "as available" basis. While every attempt is made by us to ensure that all materials and information published on this website about the Services are accurate and to keep the Services generally available and error free, we cannot guarantee that this website or the Services will operate continuously or without interruptions or be error free. We accept no liability for any unavailability. you assume total responsibility and risk for your use of the Services and use of all the information we provide.
12.4 We accept no liability for any indirect or consequential loss or damage, or for any direct or indirect loss of data, profit, revenue or business in each case however caused and even if foreseeable. We cannot be responsible for any loss or damage you sustain from the use or misuse of the Photographic Products by you.
12.5 We accept no liability for any loss in respect of material provided by you including the loss of any Images uploaded by you
12.5 If we are liable to you for any reason, our liability will be limited to whichever the higher of the amount paid by you for the Photographic Products or any compensation for non-delivery or misdelivery you may receive from the Royal Mail or any other carrier we use. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for any fraudulent misrepresentation. As an alternative to financial compensation, we at our option reprint the Images and send them to you free of charge.
12.6 The limitations and exclusions in this clause do not affect your non-excludable statutory rights as a consumer and only apply to the extent permitted by law.
13.1 All notices and questions regarding these Terms or any Order (including any notice relating to cancellation under clause 6) may be delivered to us either by email at [email protected] or by post to First Photographics, The Square, Kintore, Inverurie, AB51 0UA
13.2 We may contact you or send you any notice at either the email or postal address you provide during any ordering process.
13.3 Notice will be deemed received when an email is received in full (or else on the next business day if it is received outside usual hours of business or on a weekend or a public holiday in the place of receipt) or three (3) days after the date of posting.
14.1 We may, but you may not, assign any rights and/or transfer, sub-contract or delegate any obligations under these Terms, and/or charge or deal in any other manner with these terms and conditions or any of our respective rights or obligations. Any purported assignment, transfer, sub-contracting, delegation, charging or dealing in contravention of this paragraph 14.1 shall be ineffective. These Terms are personal to you and are entered into by you for your own benefit and not for the benefit of any third party.
14.2 We reserve the right at any time to suspend the Services at our sole discretion or for legal or technical reasons. We may also for the same reasons and at our sole discretion delete or refuse to process any Image you upload but if we intend to do so, we shall give you as much notice, if any, as we possibly can. If we propose to delete or not process any Image on the grounds of a suspected or likely breach by you of paragraphs 9.2, 9.3 or 9.4 below or other legal reason, we may at our discretion contact any law enforcement agencies and provide copies of the Images or other information about you to them
14.3 These Terms as well as any accepted Order are the whole agreement between us. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by us or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these Terms by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the Terms and any accepted Order.
14.4 If any provision or term of these Terms shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such provision or term shall be divisible from the other Terms and shall be deemed to be deleted from them.
14.5 These Terms and your use of the Services are governed by Scottish law and you submit to the exclusive jurisdiction of the Scottish courts.
14.6 Except in respect of a payment obligation, neither of us will be held liable to each other for any failure to perform any obligation to the other due to causes beyond our respective reasonable control.
14.8 Failure or delay by either party enforcing an obligation or exercising a right under these Terms does not constitute a waiver of that obligation or right.
14.9 These Terms do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.