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Terms & Conditions
When using the Photodeal Printing & Sharing Service, the following Terms & Conditions apply.
1. Photodeal Purchase Terms
1.1 These purchase terms ("Purchase Terms") comprise a binding contract between you as an authorised user ("Authorised User" or "you") of the Photodeal web site ("Photodeal") for the purchase of prints ("prints") and photographic gifts ("Gifts") printed from digital photos uploaded to Photodeal via the internet.
1.2 Please read these Purchase Terms carefully because they form a legal document. By submitting an order you agree to be bound with Photodeal by these Purchase Terms. If you do not wish to accept these Purchase Terms, you should not submit an order.
1.3 These Purchase Terms do not affect any consumer rights which you may have under the provisions of any law or regulation in the country where you live ("Local Law"), except where those rights are capable of being waived by you under the provision of your Local Law. You agree that, agreeing to these Purchase Terms with Photodeal, you waive any consumer rights you have which are capable of being waived under your Local Law and that these Purchase Terms are the only terms and conditions that apply between you and Photodeal in respect of your use of the Service and the supply by Photodeal of your prints and photo gifts.
2. Terms of Purchase
2.1 By the display and description of this Service, Photodeal does not agree to process your order and supply your prints and or photo gifts at the prices specified, or at all.
2.2 These Purchase Terms will not form a binding contract between you and Photodeal for the purchase and supply of the prints and or photo gifts until the following conditions have been met:
(a) you have submitted your offer to buy certain prints and photo gifts ('order') using the order facility provided; and
(b) Photodeal notifies you by e-mail that your order for those prints and or photo gifts has been accepted and Photodeal agrees to supply the prints and or photo gifts to you.
2.3 For the avoidance of doubt, except as set out in Clause 5.1 you do not have a right to cancel your order for prints and or photo gifts after Photodeal has provided its notice of acceptance to you in accordance with Clause 2.2 above.
2.4 Photodeal will not be responsible for any loss or damage, howsoever arising, as a result of a failure, refusal or inability by Photodeal to fulfil an order.
3. Price and Specification of Prints and Photo gifts
3.1 All prices quoted include value added tax (at the applicable rate from time to time), and if there is a separate postage and packaging charge this is listed in the 'Prices and Services' page. The total cost is the "Purchase Price". Photodeal shall not be liable for any other sales taxes, customs or import duties or other taxes which may be imposed on you by any relevant taxing authority. You are responsible for any such taxes.
3.2 All Purchase Prices and specifications of prints and photo gifts are subject to change without notice to you, except where Photodeal has accepted your order and agreed to deliver the prints and or photo gifts to you in accordance with Clause 2.2.
3.3 The Purchase Price payable for use of the Service must be paid in advance. The Purchase Price is paid by credit/debit card. We have the right to check with your card provider and any credit reference agency or bank to confirm whether or not you are able to pay the Purchase Price. We have the right to refuse your order at our discretion.
4. Delivery of Prints and Photo gifts
4.1 All prints and photo gifts will be delivered to you at the address selected by you during the checkout process, within the specified delivery times stated on our 'Prices and Services' page, from the date your order is accepted by Photodeal pursuant to Clause 2.2 above, unless an alternative timeframe is notified to you by Photodeal within the stated delivery period.
4.2 Notwithstanding Clause 4.1, the time of delivery is an estimate only and Photodeal shall not be liable for any late delivery of the prints and or photo gifts or any loss or damage caused as a result.
5. Returns Policy
5.1 In the event that the prints or photo gifts are damaged or defective when you receive them, or do not match the description specified in this Service, you are entitled to send the prints and or photo gifts back to Photodeal within 14 days of receipt by you. In those circumstances, Photodeal will either replace the prints or photo gifts at no extra cost to you or offer a full refund of the Purchase Price together with the return postage and packing after it has received the prints and or photo gifts from you.
5.2 In the event that you return any prints or photo gifts to Photodeal in accordance with Clause 5.1, and Photodeal can demonstrate that they were not faulty when received by you, Photodeal reserves the right to retain the Purchase Price, return the prints or photo gifts to you and to claim the cost of such return postage from you.
6. Duration of Purchase Terms and Termination
6.1 These Purchase Terms are binding upon you immediately you accept them in accordance with Clause 2 and they will remain in force until both parties have performed their obligations under these Purchase Terms or either party breaches its obligations under these Purchase Terms.
6.2 Termination in accordance with this Clause 6 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to either of us.
7. Photodeal's Responsibilities
7.1 Photodeal undertakes to use commercially reasonable endeavours to prevent breaches of security of the Service (including your credit card details provided by you when you submit an Order for any prints), and to use reasonable endeavours to ensure that any Photodeal suppliers, subcontractors or agents (collectively, "Photodeal Contractors") comply with this Clause 7.1.
7.2 Photodeal will use reasonable endeavours to respond to your Order within a reasonable length of time.
7.3 The service is provided on an "as is" and "as available" basis, and Photodeal makes no representation or warranty that the Service offered will be accessible, or useable by you, or error free.
7.4 Photodeal reserves the right without notice to you, to suspend or alter the operation of the Service, at its sole discretion or for legal or technical reasons. Photodeal will give you as much notice as possible prior to taking any of the actions described in this Clause, but prior notice may not always be feasible for a variety of reasons.
8. Your Responsibilities
8.1 You agree that you are responsible for the security and use of any user names or passwords needed to access the Service or any part of it. You must take all reasonable steps to ensure that these user names and passwords are kept confidential and secure and that you do not allow any unauthorised person to access the Service using your user name or password.
8.2 You warrant that you are at least 18 years old and the proper authorised owner of the credit card, details of which you supply to Photodeal.
8.3 You warrant that all information given by you in your registration or use of this Service is accurate and not misleading and that you will not use this Service:
(a) for any fraudulent or illegal purposes;
(b) for the transmission or posting of any computer viruses or any material which is defamatory, offensive or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety and you agree that you will be liable for any action taken against us or against you in relation to such use; and
(c) in a manner which constitutes a violation or infringement of any right of person, firm or company (including but not limited to rights of copyright or confidentiality).
8.4 You agree only to send to us images in which you own the copyright (e.g. you took the photographs or they were taken with your permission with your camera) or images which you are authorised to send to us. You agree not to infringe the intellectual property rights of any third party.
8.5 You acknowledge that all copyright, trademarks and all other intellectual property rights in any part of the Service or any material supplied as part of the Service belongs to us or our licensors. You acknowledge that you are permitted to use the Service only as expressly authorised by us pursuant to these Purchase Terms.
8.6 You agree to indemnify Photodeal against any claims, costs, expenses or legal proceedings caused as a result of your use of this Service in contravention of this Clause 8. Further, in these circumstances, Photodeal shall be entitled to treat the contravention as a material breach of these Purchase Terms and terminate the Purchase Terms, cancel any pending orders for prints made by you and terminate any access permission granted to you by Photodeal forthwith, without notice to you.
8.7 You acknowledge that if your account remains inactive
for more than 12 months (i.e. you do not upload any new pictures to
your account or order prints, photo gifts etc or use any other services
associated with your account), Photodeal are entitled to cancel your
account without any prior notice and remove all data and images and
shall not be liable to you or any third party for:
(a) any economic loss, (including without limitation, loss of revenue, business, contracts, profits or anticipated savings)
(b) any loss of goodwill or reputation
(c) any loss of data; or any special, indirect or consequential loss
8.8 You are advised to read our Privacy Policy.
9. Limitation of Liability
9.1 Photodeal does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of Photodeal, its employees, or Photodeal Contractors, and the remainder of this Clause 9 shall not apply to such liability.
9.2 To the extent that Photodeal is deemed by a court of competent jurisdiction, to have any liability to you in contract, tort (including negligence) or otherwise in relation to the Service or any prints supplied by Photodeal or Photodeal's Contractors, Photodeal's entire liability shall be limited to £500 for any one incident or series of related incidents and up to £1,000 for all incidents in any period of 12 months.
9.3 Photodeal shall not be liable to you in contract, tort, negligence (other than fraudulent or negligent misrepresentations) or otherwise for: (a) any economic loss, (including without limitation, loss of revenue, business, contracts, profits or anticipated savings); (b) any loss of goodwill or reputation; (c) any loss of data; or (d) any special, indirect or consequential loss.]
9.4 The express terms of these Purchase Terms are in lieu of all warranties, conditions, undertakings, terms, and obligations implied by statute, common law, usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
10. Notices
10.1 You may send a legal notice to Photodeal, or any questions you may have concerning these Purchase Terms, by e-mail to enquiries@photodeal.co.uk, or by writing to us at:
Photodeal
51 Strand Street
Douglas
Isle of Man
IM1 2EJ
Such notices will be effective within 3 days of receipt by Photodeal.
10.2 Photodeal may give notice to you by general notice on its web site, Photodeal.co.uk, by e-mail to your e-mail address on record with Photodeal, or by post to the geographical address on record with Photodeal. Such notice will be effective if sent by e-mail or posted on Photodeal's web site, 3 days from the date it was sent or posted. If sent by regular post, it will be effective 3 days after posting by Photodeal.
11. Third Parties
Nothing in these Purchase Terms shall confer on any third party any benefit or the right to enforce any term of this Agreement. For the avoidance of doubt, the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Purchase Terms.
12. General
12.1 These Purchase Terms form the entire agreement between you and Photodeal and supersede any other oral or written communications, agreements or representations with respect to your use of this Service.
12.2 Photodeal reserves the right to add to or change the terms of these Purchase Terms in its sole discretion without prior notice to you. All changes to the Purchase Terms will be effective once posted on the Service. Photodeal will provide notice of the changes to the Purchase Terms for (30) days after posting the amended Purchase Terms on the Service. Your continued use of the Service and submission of any Order in accordance with Clause 2.2.1 above following Photodeal's posting of such changes will be regarded by Photodeal as acceptance of the amended Purchase Terms. If you do not agree to be bound by the amended Purchase Terms, you should exit the Service and not access the Service or submit any orders for prints to Photodeal.
12.3 Nothing in these Purchase Terms affects your statutory rights as a consumer.
12.4 If any part of these Purchase Terms are held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these Purchase Terms will not be affected.
12.5 If Photodeal is unable to perform any obligation under these Purchase Terms because of a matter beyond its reasonable control (including but not limited to); fire, flood, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or other disasters or governmental laws and regulations imposed after the fact, or events beyond the reasonable control of Photodeal, Photodeal will have no liability for that failure to perform.
12.6 Your use of the Internet is solely at your risk and subject to all applicable laws, and Photodeal has no responsibility for any information, software, services or other materials accessed or obtained by you using the Internet.
12.7 Unless otherwise specified elsewhere in this Service, photo gifts will only be delivered to those Authorised Users who are located in the United Kingdom. Photodeal makes no representation that any of the prints or photo gifts are appropriate for use, or available, in any other locations unless otherwise specified elsewhere in this Service, those who choose to access this Service from any location outside the UK are solely responsible for compliance with Local Law if, and to the extent it is applicable.
12.8 If you have a complaint about this Service, please send it to us in writing to the address set out in Clause 10.1 above.
12.9 These Purchase Terms are governed by the laws of England, and subject to the non-exclusive jurisdiction of the English Courts.
