Jessops Group Ltd Online Photo Service: Terms of Sale

1. Terms

1.1

These Terms (together with any documents referred to below) govern the online photo service (“Services”) and the delivery of associated products on this website. Please read these Terms carefully before placing your order and print a copy for reference.

1.2

By ordering our Services, you agree to be bound by these Terms. Please select the checkbox marked “I Accept” at the end of these Terms if you accept them and agree to be bound by them. If you refuse to accept these Terms, you will not be able to order Services from this website.

1.3

We may revise these Terms from time to time in circumstances such as (but without limitation):

1.4

Every time you order Services from us, the Terms in force at that time will apply to the contract between you and us.

1.5

Whenever we revise these Terms in accordance with clause 1.3, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date shall be detailed at the top of the page.

1.6

These Terms remain in force until the delivery of Services by us, or payment in full by you, whichever happens last. We may terminate our contract with you earlier if you breach these Terms.

1.7

No other terms and conditions apply in our provision of Services to you. However, this does not affect your statutory rights as a consumer.

2. Information About Us

2.1

The Services are provided by us, CeWe Color Limited , registered in England and Wales with Company Number 00485715 and with registered office and trading address at Unit 4 Spartan Close, Tachbrook Park, Warwick, Warwickshire CV34 6RR. Our VAT number is GB765342911.

2.2

To contact us call 01926 456989 or email jessops@cewecolor.co.uk. For postal enquiries please write to Jessops Photo, PO BOX 4912, Warwick, CV34 9GY.

3. Our Services

3.1

Our Services enable you to upload your own photographic images. We (or our agents and subcontractors) will store these digitally so you can order photographic products or photo gifts made from your images.

3.2

Products can then be delivered to your address in any of the serviced countries identified on this website. We may also store your images digitally so that you can share them through our photo album service.

3.3

You can only use the website if:

3.4

Our Services may not be appropriate for or available outside our serviced countries. If you access our Services from another location, you are solely responsible for compliance with local law. If using our Services or viewing this website breaks the law in your country of residence, you are not entitled to use the Services and must exit this site immediately.

3.5

We may alter, correct, suspend or discontinue any part of our Services, how you can use them, and their description on this website. Unless we state otherwise, enhancements to our existing Services, or new Services we add, will be subject to these Terms. You agree not to reproduce, copy, duplicate, vend, re-sell or exploit any part of our Services. We may make third-party software available via our Services. By using third-party software you agree to be bound by the terms and conditions imposed by the third party.

4. Placing an Order

4.1

For the steps you need to take to place an order on the website, please see our FAQs section on our Help page.

4.2

The order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

4.3

By placing an order, you are making an offer to buy the photographic products that you specify in your order. If we accept it, we will send confirmation to the e-mail address you provide when ordering.

4.4

We may decline or cancel your order (or part of it) for any reason. Other than set out in these Terms, we will not be responsible for any loss or damage you might suffer due to us declining or cancelling your order. We will notify you by e-mail and refund any monies as detailed in our Returns and Refund Policy (clause 8 below).

5. Price and Payment

5.1

Prices for our photographic products and payment procedures are displayed on this website. These prices are subject to occasional change. We may change our prices at any time before your order has been accepted.

5.2

While we make every effort to ensure that prices indicated on our website are accurate, the current prices will be stated in the confirmation e-mail we send you. The price is that stated on your confirmation e-mail, including packing and delivery costs, and VAT (or other sales taxes in force at the current rate).If the price has changed from when you placed your order to when we send you our confirmation email, you will have a right to cancel the contract in accordance with the provisions of clause 8 below.

5.3

If your delivery address is outside the United Kingdom, the price excludes 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

It is always possible that, despite our best efforts, some of the prices on our website may be incorrect. We will normally check prices as part of our dispatch procedures so that:

5.5

All payments must be in full by credit or debit card when you submit your order. Payment will be reserved at the time your order is placed and collected after your order is completed.

5.6

When you confirm your order, we will request a pre-authorisation for the full order amount. We do this to ensure that the card details are valid and that you have sufficient funds to complete the transaction. We take NO payments from your account before your order is despatched, so you will only be charged for items once they have been completed. In the unlikely event that the order fails and you have to reupload the order another pre-authorisation will be completed and you may be pre-authorised twice. However, only one payment will be taken from your payment card. In a small number of cases, some card issuers may hold the full pre-authorisation amount for a limited time (usually 3-10 days). This money will not be taken from your account and is not held by us.

5.7

By accepting these Terms you are stating that the details you provide when placing your order, 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.

5.8

We reserve the right to confirm the validity of your credit or debit card details from any relevant financial services provider or credit reference agency.

6. Your Consumer Rights

6.1

You may cancel your order for photographic products which do not incorporate your images without cause at any time within fourteen working days, beginning on the day after you received the products. In this case, you will receive a full refund for the products and any applicable standard delivery charges you paid for in accordance with our Refund Policy (clause 8).If your image or a photograph of your choosing appears on the photographic products you order, you may not cancel unless the products are faulty or not as described.

6.2

To cancel an order, you must inform us in writing (which may be by e-mail), in accordance with clause 13 below. You must return the photographic product(s) to us immediately, in a reasonable condition, and at your own cost and risk.

6.3

Details of your legal right to cancel and an explanation of how to exercise it are provided in our confirmation of your order.

6.4

As a consumer, you will always have legal rights in relation to photographic products that are faulty or not as described. These legal rights are not affected by this clause 6, our Refunds Policy in clause 8 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

7. Delivery

7.1

We will deliver your photographic products to the delivery address stated by you when you make your order and delivery will be completed when we deliver the products to that address.

7.2

Delivery is usually within 10 working days of your order being accepted, although we do not accept liability for any failure to deliver within that time. In the event that an anticipated delivery of your photographic products does not take place, please notify us by email and we will make reasonable efforts to replace them.

8. Returns and Refunds Policy

8.1

Where you choose to cancel an order within fourteen working days of you receiving the photographic products (in accordance with your rights under clause 6 of these Terms) you will receive a full refund of the price you paid for the products and any applicable delivery charges you paid for.

8.2

Where your photographic products arrive in a damaged or defective condition, or if they do not materially match the description or pictures on our website, you may return them to us within a reasonable time. We will provide a full refund of the price paid by you, including return postage and packing.

8.3

Photographic product(s) should be returned to Jessops Photo, PO Box 4912, Warwick, CV34 9GY in a reasonable condition.

8.4

If you return any photographic products to us and we can prove they were not faulty when you received them, we may send them back to you, claiming the cost of return postage.

8.5

You will be notified by e-mail of any refund (including as a result of a cancellation of your order) within a reasonable period of time. Money will be refunded using the same method you used to pay for your purchase.

8.6

We will process any applicable refund as soon as possible, and in any event within 30 calendar days of us receiving notification of your cancellation.

9. Your Responsibilities

9.1

You are responsible for the security and use of any password or login issued to you, and you must take all reasonable steps to ensure they are kept confidential and that you do not allow others to use them without your authority. We have the right to disable any password or login issued to you at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms.

9.2

You also agree that information given by you when you place an order is accurate and not misleading, and that you will not use our Services for any fraudulent or illegal purpose or for any commercial purpose (except in pursuit of your order).

9.3

You must not upload images or material which contain threatening, defamatory, racially or religiously offensive, blasphemous or pornographic material, or that show any kind of child abuse.

9.4

You must not upload any images or material that are likely to incite hatred against any person or group, or are criminal or offensive in the minds of reasonable people, or are obscene or menacing or harassing or breach any applicable law.

9.5

We will not be responsible, or liable to any third party, for the content or accuracy of any content uploaded by you or any other user of our website. The views expressed by other users of our website do not represent our views or values.

9.6

We have the right to remove any images or material you upload on our website if, in our opinion, the relevant images or material do not comply with clauses 9.3 and/or 9.4 of these Terms.

9.7

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our website in any website that is not owned by you. Our website must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.

9.8

You must own the copyright for the images or material you upload (or be authorised to upload them by the copyright owner). Images uploaded by you must not contain anything which would infringe any copyright, trade mark, design right or other intellectual property right of any third party. We will not check the content of any images provided by you. However, if your images do not comply with these Terms we may remove them with immediate effect and without any obligation or liability to you.

9.9

We will fully co-operate with any law enforcement authorities or court order requesting us to disclose the identity and residence of anyone posting any material in breach of these Terms.

9.10

You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to upload your images, and for ensuring the images you upload are free from viruses and/or other code that has contaminating or destructive properties. Use of the internet for uploading your images is at your own risk and subject to all applicable laws and regulations in force. We will not be responsible for the loss of your images. Anything you download in connection with our Services is downloaded and used by you at your own risk and you are solely responsible for any damage to your computer system or loss of data which results.

9.11

You agree to indemnify us against any claims, costs, expenses or legal proceedings caused as a result of your use of our Services which is in breach of any of these Terms. In these circumstances we will be entitled to terminate our contract with you and cancel any pending orders placed by you. We may also deny you access to our Services in the future.

10. Privacy and Data Protection

10.1

When you place an order your information will be used, stored and processed in accordance with the Privacy Policy.

10.2

We are the “data controller” for the purposes of the Data Protection Act 1998 (the “Act”) and we shall treat your information in compliance with the Act.

10.3

Your personal information will be used, stored or processed by us only to the extent reasonably necessary for us to provide our Services. We will retain your images for between 6 and 8 weeks following any request for the cancellation of our Services for the purposes of customer satisfaction enquiries.

11. Security and Copyright

11.1

All reasonable means will be used to protect the security of your images and your credit or debit card details when you place an order.

11.2

The content of this website is protected by international copyright laws and other intellectual property rights. We are the owner or authorised user of these rights. All product and company names and logos mentioned in connection with our Services are our trademarks, 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 any material or information from this website without our prior written consent.

11.3

Images uploaded to this website remain under the existing copyright. By uploading an image you are granting us a licence to modify, print and return your images to you.

12. Limitation of Liability

12.1

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a reasonably foreseeable result of our breach of these Terms or our negligence. Loss or damage is reasonably foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the contract.

12.2

We only supply the photographic products for domestic and private use. You agree not to use the products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12.3

We do not in any way exclude or limit our liability for:

12.4

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

12.5

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

12.6

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

13. Notices

13.1

Please send any correspondence or questions regarding these Terms or any order (including notice of cancellation) by email to jessops@cewecolor.co.uk or by post to Jessops Photo, PO Box 4912, Warwick, CV34 9GY.

13.2

Our receipt of any correspondence by e-mail begins from the time when your message is received in full. If this is received outside normal business hours, on a weekend or public holiday, we consider the receipt to be on the next working day. If your correspondence is by post, receipt is three (3) days after the date of posting.

13.3

If we need to contact with you, we will use the e-mail or postal address you provide during any ordering process.

14. General

14.1

We reserve the right to assign any of our rights and/or transfer, sub-contract or delegate any of our obligations under these Terms, and/or charge or deal in any other manner with these Terms or any of our respective rights or obligations. Any purported assignment, transfer, sub-contracting, delegation, charging or dealing in contravention of this clause 13 shall be ineffective.

14.2

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.

14.3

Our Services may be suspended at any time at our discretion or for legal or technical reasons. If our Services are suspended, we will give you as much notice as possible.

14.4

We may also delete or refuse to process images you upload. If we intend to delete or not process any image on the grounds of a suspected breach of the Terms outlined in clause 9, or for any other legal reason, we may contact the law enforcement authorities and provide them with copies of your images and information about you.

14.5

These Terms, any other documents expressly referred to in them as well as any accepted order shall form the entire agreement between us.

14.6

You acknowledge that you understand each provision and waive the right to claim damages or to reject these Terms by reason of any misrepresentation (other than a fraudulent misrepresentation) unless it is contained in the Terms or in any accepted order.

14.7

If any provision within these Terms becomes illegal, invalid or unenforceable, it does not affect the validity of the other provisions.

14.8

These Terms and your use of our Services are governed by English law and you submit to the jurisdiction of the English courts.

14.9

Except for payment obligations, neither of us will be held liable to each other for failure to perform any obligation due to causes beyond reasonable control.

14.10

Failure or delay by us to enforce an obligation, or you to exercise a right under these Terms does not constitute a waiver of that obligation or right.

14.11

These Terms do not confer any rights on any person or party other than you and/or us, according to the Contracts (Rights of Third Parties) Act 1999.

15. Special Offers & Promotions

15.1

For voucher code offers the code must be entered during the checkout process on our website and software to be redeemed. Voucher codes cannot be redeemed or discounts given after an order is placed.

15.2

For non-voucher offers, prices will be updated automatically on the website and during the checkout process within the software. We reserve the right to withdraw offers at any time without giving prior notice. For single use vouchers, only one voucher is redeemable per household.

Our VAT No is GB765342911

Our Registered Address is at Unit 4 Spartan Close, Tachbrook Park, Warwick, Warwickshire, CV34 6RR and our Company Registration Number is 00485715.

© CeWe Color Limited March 2013.