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1 ABOUT US
Jessops Europe Limited trading as ‘Jessops Photo’ operates the website http://photo.jessops.com or any subsequent URL that may replace it (Website) to transact and contract for the supply of digital print and photo gifting products and services (Photo Products and Photo Services (as further defined below) respectively) under these terms and conditions (Terms).
Any reference to “You” or “Your”, means you as a user of the Website and/or as a purchaser of Photo Products and Photo Services.
Any reference to “We”, “Us” or “Our” is to Jessops Europe Limited, a company registered in England and Wales with company number 08384909 and VAT number GB156-0099-15, registered office at Network House, Third Avenue, Globe Park, Marlow, Buckinghamshire, SL7 1EY.
2 APPLICATION
These Terms will apply when You purchase Photo Products or Photo Services through the Website.
You must read these Terms carefully. By accessing Our Website and/or placing an order for Photo Products and/or Photo Services with Us (Order), You confirm that You have read, understood and agree to be bound by these Terms.
If You do not agree to these Terms You should not use Our Website and You will not be able to order any Photo Products or Photo Services from Us.
If You think there is a mistake in these Terms or Your Order, please contact Us by phone on 0203 322 3387 or email [email protected].
These Terms apply to Your purchase of Photo Products or Photo Services through Our Website. There are separate terms and conditions that apply (see https://www.jessops.com/c/help/tnc) if you purchase:
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In addition:
To help You find the information You are looking for, please use the above links.
When We use the words “writing” or “written” in these Terms, this will include e-mail except where We expressly say otherwise in these Terms.
We will not file or store a copy of these Terms for each transaction made via the Website. You should print a copy of these Terms or save them to Your computer for future reference.
Please note that We may update and amend these Terms from time to time and any changes will be posted on the Website. It is Your responsibility to ensure You review these Terms regularly to familiarise Yourself with any changes. Every time You wish to order Photo Products and/or Photo Services or use the Website, please check these Terms to ensure You understand the terms which will apply at that time.
If You have any questions relating to these Terms please contact Us by phone on 0203 322 3387 or email [email protected] or refer to Our help pages here.
3.1 Description of Services
Our Website provides You with a series of online tools enabling You to upload images and add other material including text based annotations and comments (“Content“) to create customised photographic products (“Photo Services“). In order to use the Photo Services You must have access to the Internet, and pay any subscription, service or telephony fees associated with gaining this access. In addition you must provide all equipment necessary to make such connection to the Internet.
3.2 Photo Products
(a) The images of the Photo Products on Our Website are for illustrative purposes only. Although We have made every effort to display the Photo Products (including their colours) accurately, We cannot guarantee that Your computer’s display of the Photo Products and colours accurately reflect the colour of the Photo Products. Your Photo Products may vary slightly from those images. In addition, the packaging of the Photo Products may vary from that shown on images on Our Website.
(b) All Photo Products shown on Our Website are subject to availability. We will inform You by email or telephone as soon as possible if the Photo Product you have Ordered is not available and We will not process/fulfil Your Order.
3.3 Your registration obligations and supervising children
(a) You agree that when using the Photo Services provided by Us on Our Website that you will:
(i) comply with your obligations under these Terms and our Terms of Use available at https://www.jessops.com/c/help/tnc#anchor_7;
(ii) provide true, accurate, current and complete information about You as prompted by the Registration Form (such information being the “Registration Data“); and
(iii) maintain and promptly update Your Registration Data to keep it true, accurate, current and complete at all times.
(b) We are concerned about the safety and privacy of all Our Website users, particularly children. For this reason, parents who wish to allow their children to access the Photo Services should assist them in setting up any relevant accounts and supervise their access to the Photo Services. By allowing Your child access to the Photo Services, You accept that your child will be able to access all of the Photo Services. Please remember that the Photo Services are designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Photo Services, Website content and/or Your Content is appropriate for Your child. You should make Your children aware of the potential risks to them and their obligation to comply with these Terms when using Our Website and the Photo Services.
3.4 Member Account, Password and Security
(a) You will create a password and username upon completing the registration process on Our Website. You are responsible for maintaining the confidentiality of Your username and password, and are fully responsible for all activities that occur under Your username and password. You agree to:
(i) immediately notify Us of any unauthorised use of Your username and password and any other breach of security; and
(ii) ensure that You exit from Your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this clause 3.4.
(b) If You do not comply with any of the provisions of these Terms, We have the right to suspend or terminate Your account without warning and refuse any or all current or future use of the Photo Services (in whole or in part).
3.5 Service Availability
Our Website is only intended for use by people resident in the United Kingdom. We do not accept Orders from outside the United Kingdom.
3.6 Use of Our Photo Services
(a) You may upload digital images and Content to Our Website Yourself. Images and Content uploaded to Our Website must be digital images in JPEG format.
(b) Images/Content uploaded by You to Our Website will (subject to the restrictions in these Terms) be available for viewing by You in a photo album accessible through Your account using your username and password.
(c) You must not use Our Website (or copy or use any material from Our Website) for any commercial purpose other than to conduct a commercial transaction with Us. This includes allowing access to Your account to view your photo album in return for payment or for any other commercial purpose.
(d) You are not permitted to register multiple accounts for use by the same person unless specifically authorised by Us in writing. Breach of this clause 3.6(d) may result in immediate suspension of Your account(s). If you forget Your account password then please click on the forgotten/reset password link to reset Your password to access Your account.
(e) In using Our Photo Services You must only use Content which You are lawfully permitted to use and You must not upload any Content which is: defamatory of any person; pornographic, obscene, indecent or offensive; infringing any copyright, trademark, database or other intellectual property right of any third party; or in any way unlawful.
3.7 Uploaded Content and Images
(a) Although We prohibit the uploading of certain types of image or other content to Our Website, We cannot fully control, nor do We monitor the use of Our Website. It is possible that images, content or other material may appear on Our Website which are unlawful or offensive and contravene Our restrictions on Content set out in clause 3.6 above. We are not responsible for such images, content or material but if You become aware of any such images or material on Our Website please contact us without delay by phone on 0203 322 3387 or email [email protected].
(b) We may at Our discretion contact law enforcement authorities if We are made aware that anything unlawful is occurring or has occurred in relation to Our Website including the uploading of any images, content or other material to Our Website or Your account in breach of the above restrictions. We may provide copies of any such images, Content or other material to law enforcement authorities and in that connection may also give them access to any personal data that is held by Us to the extent permissible by law.
(c) We may without notice and at Our sole discretion delete or remove any image, content or other material that is uploaded in breach of these Terms.
(d) We may refuse to provide any further access to Photo Services or Our Website to anyone who breaches these Terms.
(e) By using Our Website You irrevocably and unconditionally agree to indemnify, and to keep indemnified, Us, Our officers, employees, agents, contractors (and their respective officers, employees, agents and contractors) against any action, claim, damages, liability, costs and expenses arising out of:
(i) any use by You or of Our Website in breach of these Terms;
(ii) any claim that the uploading of any images, content or other material by You or on Your behalf is an infringement of any third party’s rights of privacy, image rights, copyright, trade mark or other intellectual property rights or otherwise in breach of applicable law; or
(iii) any claim that the processing, printing or other dealing by Us of any images, content or other material uploaded by You is an infringement of any third party’s rights of privacy, image rights, copyright, trade mark or other intellectual property rights or otherwise in breach of applicable law.
3.8 Rights
(a) You retain all intellectual property rights, including copyright, in those images, Content and other material that You have uploaded to Our Website to the extent that You own the same. We are the owner (or the licensee) of all intellectual property rights in Our Website.
(b) We may delete, remove or refuse to display any material from your account at our sole discretion.
(c) By using Our Website and accessing the Photo Services You irrevocably and unconditionally agree that We may, and You grant to Us and Our licensees an irrevocable, unconditional, royalty-free, worldwide licence to modify, print, transmit or transfer any of the images, Content and other material that You upload to Our Website, in order for Us and Our licensees to provide the Photo Services and Photo Products ordered by You through Our Website, subject always to these Terms.
(d) It is a condition of allowing You to use, and Your access to, Our Website and any Photo Services offered through it that You have the right to copy, upload or otherwise deal with the images, Content and other material that You upload to Our Website and to allow us to process and otherwise deal with those images, that Content and other material in accordance with these Terms.
(e) You may not upload any images or other material where you do not have the right to do so or allow us to use such images or other material in accordance with these Terms. For example, you may not take photos from another website or other publication and do anything with them unless you have obtained the permission from the owner of the relevant right.
3.9 Operation of Our Website
(a) We may change the format and content of Our Website (or any Photo Products or Photo Services offered by Our Website) at any time.
(b) We may terminate or suspend the operation of Our Website (or terminate or suspend provision of any Photo Products or Photo Services offered through Our Website) for support or maintenance work, in order to update the content or for any other reason. We may do this at any time and without notice.
(c) You are strongly advised to keep back ups of all images, Content and other material uploaded to Your account, uploaded to Our Website or otherwise provided to Us. In particular, it is up to You to keep backup copies of images, content and other material uploaded by You or otherwise provided to Us. We are not responsible for keeping backups of any such images, content or other material and We shall have no obligation to You or have any liability to You for the loss of, deletion or corruption of any images, content or any other material uploaded onto Our Website or otherwise provided to Us.
3.10 Your Status
(a) By placing an order through Our Website, You irrevocably and unconditionally warrant to Us that:
(i) You are or the entity You have been authorised to represent is legally capable of entering into binding contracts; and
(ii) if You are a consumer as defined in Regulation 3 of the Consumer Protection (Distance Selling) Regulations 2000 (SI 2000/2334) (“Consumer“), You are at least 18 years old.
(iii) You are a resident of the UK and are placing Your order for delivery to a UK address.
3.11 How the Contract is formed between You and Us
(a) By placing an Order on Our Website, Your Order constitutes an offer to Us to buy a Photo Service/Photo Product that You have created online using the tools within Our Website. All Orders are subject to acceptance by Us, and We will confirm such acceptance to You by sending You a confirmation e-mail confirming that payment for Your Order has been taken and Your Order has been accepted by Us (the “Order Confirmation“). The contract between You and Us (“Contract“) will only be formed when We send you the Order Confirmation.
(b) We reserve the right at any time after the receipt of Your Order (including after sending an Order Confirmation) to cancel Your Order, without any liability to You, for any reason, in which case We will e-mail You as soon as practicable after becoming aware that Your Order cannot be fulfilled; in such circumstances, We will refund any amount paid by You in relation to such cancelled Order in accordance with Our refund terms below. If We decline Your offer/Order on security grounds We may contact You for an alternative payment method.
(c) The Contract will relate only to those Photo Services and resulting Photo Products We have confirmed in the Order Confirmation. We will not be obliged to supply any Photo Services/Photo Products which may have been part of Your Order until the dispatch of such Photo Services/Photo Products has been confirmed by Us in a separate dispatch confirmation.
(d) Full payment for all Orders of Photo Services/Photo Products and all applicable delivery costs is taken at the time of placing Your Order. We will charge Your debit card, credit card or other payment method at the time of You placing Your Order.
(e) Before You can proceed with/place Your Order after creating Your Photo Product, You will be asked to confirm that Your order is correct and the Photo Product You are ordering is correct and in the form You want it to be produced, is free from errors and free from blank pages (unless intentional).
3.12 Consumer Rights
(a) If You are a Consumer You may have a general legal right to cancel a contract; however, as this right does not apply to contracts for the supply of products which are customised and unique to You, once You have submitted Your Order to Us You will not be able to cancel Your Order/Contract due to Your change of mind or for any errors or mistakes that You have made before submitting Your Order to Us.
(b) In the event that Your Photo Product arrives damaged or is otherwise defective, You must contact Our Customer Services Team without delay by phone on 0203 322 3387 or email [email protected] and comply with Our Returns Process set out below. If Your Photo Product arrives damages or is otherwise defective We will remake Your Photo Product if that remake arrives damages or is otherwise defective, You will receive a full refund of the price you paid for that Photo Product in accordance with Our refunds policy set out below.
3.13 Smiles Guaranteed (Returns & Refunds)
Photo Product Refunds are only accepted for manufacturing faults and defects and/or transit damage. Because of the customised nature of the Photo Products on Our Website where You will be using Your own images, text and designs, We are not able to resell or restock these Photo Products. Therefore, refunds are not accepted/possible for: (i) Photo Products where You have changed Your mind or no longer require the product You have ordered; (ii) customer errors (including poor image quality, poor placement of images, blank pages within or surfaces of Photo Products, spelling mistakes on products where text creation is allowed); or (iii) where only the outer packaging is damaged from transit but the product itself is undamaged.
(a) Missing, Damaged or Incorrect Orders: We do everything We can to ensure Your Order arrives at Your delivery address in a complete and acceptable condition. If You don’t receive all of the Photo Products pursuant to Your Order please contact Our Customer Services Team by phone on 0203 322 3387 or by email [email protected] with the following information:
(i) original Order reference number;
(ii) Your name;
(iii) Your daytime contact number; and
(iv) details of the missing, damaged and/or incorrect Photo Product(s).
We recommend that You inspect Your Photo Products promptly upon Your receipt of them, endorse the carrier’s delivery note accordingly (if applicable) and notify Us within 7 days of delivery if they arrive damaged, incomplete, are incorrect or not otherwise in an acceptable condition. If the Photo Product(s) arrive damaged, incomplete or not otherwise in pristine condition please follow the returns procedure set out in clauses 3.4(c) to 3.4(e) (inclusive).
(b) Faulty Photo Products: Faults caused by accident, neglect, misuse or normal wear and tear will not be capable of return by You to Us and We will have no liability to You in relation to the same. We reserve the right to charge You for any costs or other liabilities incurred by Us where a Photo Product returned by You is returned by You to Us as faulty but subsequently confirmed as having no fault found/not defective.
(c) How to tell Us that You want to return a Photo Product: If You wish to return a Photo Product to Us please contact Our Customer Services Team by phone on 0203 322 3387 or by email [email protected] with the following information:
(i) original Order reference number;
(ii) Your name;
(iii) Your daytime contact number;
(iv) the Photo Product(s) You are returning; and
(v) the reason You wish to return the Product(s).
If You do not comply with this clause it may result in a delay in dealing with Your return. You cannot return a Photo Product to Us unless and until We have issued You with an e-mail authorising such return; see clause 3.13(d) below.
(d) Getting a Photo Product Return Authorisation Email:
(i) Once You have provided Us the information requested in clause 3.13(c) Our Customer Services Team will investigate Your Photo Product return request. This will involve Us liaising with Our 3rd party suppliers to verify Your order details and discuss the defect alleged with Your Photo Product.
(ii) If Your Photo Product return request is accepted by Us, We will then send You an authorisation email. This email will contain a returns label for You to print off and attach to the outer packaging of the alleged defective Photo Product that You are wanting to return.
Please allow 2 (two) Working Days from Our receipt of Your call or email requesting a return to receive a response. A “Working Day” in these Terms means any day which is not a Saturday, Sunday, public or bank holiday.
(e) Method of return: Once You have received a Photo Product return authorisation e-mail, You can return a Photo Product to Us by post, using the pre-paid/Free Returns label We have emailed to you. When returning Photo Products, please send them, along with Your proof of purchase and a copy of the Photo Product return authorisation e-mail using the pre-paid/Free Returns label We have emailed to You. If You are posting the Photo Products, We strongly recommend You use secure packaging. Photo Products will be Your responsibility until received by Us. Once You have been issued with a Photo Product return authorisation e-mail, You must return the Photo Products to Us within fourteen (14) days.
(f) No refund of postage charges: if We accept that a Photo Product returned by You was defective at the time it was delivered to You, if We charged You for postage on Your original Order, this will be deducted from Your refund in accordance with applicable law if the Photo Products have been dispatched to You.
(g) Condition of Photo Products returned to Us: If You return a Photo Product to Us, You must comply with the following conditions:
(i) the Photo Product must be returned so as to reach Us in the same condition in which it was delivered, in its original packaging together with all accessories, packaging, instructions and any other items included with it at time of sale (including free gifts). You must take all reasonable care of each Photo Product and return it in its original and undamaged condition;
(ii) a proof of purchase must be supplied;
(iii) You must return the Photo Product in accordance with clause 3.4(d) and You must include the Photo Product return authorisation e-mail that We have supplied to You.
If You do not comply with the above conditions We may not refund Your Order.
(h) Refunds: You will be notified by e-mail of any refund (including as a result of Our cancellation of Your Order) within a reasonable period of time. Refunds will be made using the same means as the original payment method e.g. credit card refunds can only be made to the original card of purchase. We will aim to process refunds for any sum that has been paid by You for Photo Product(s) which have been returned to Us in accordance with these Terms as soon as reasonably practicable (where applicable subject always to quicker refund periods as dictated by e-wallet/payment providers) and in any event no later than 14 (fourteen) days after the day on which We received the returned Photo Product(s).
(i) Legal rights: You will always have statutory rights in relation to Photo Products and/or Photo Services that are faulty, damaged or not as described. These statutory rights are not affected by the returns policy in this clause or these Terms.
3.13 Late or incomplete orders
If Your Order has not arrived within the expected time after dispatch or arrives incomplete please contact Our Customer Services Team on 0203 322 3387 or email [email protected].
3.14 Lost Orders
Should Your Order not arrive, You must comply with and follow the claims process determined by the relevant carrier in regard to declaring the loss and the refunding of the lost Order/Photo Products. Failure to comply with the following process will mean that You will lose Your entitlement to a refund.
If Your Order is not received by the tenth Working Day following confirmation of dispatch of Your Order by Us, You must notify Us that Your Order has not been received within 30 days of the date of confirmation by Us of the original dispatch of the Order to You. If You do not contact Us within such 30 day period You will lose Your entitlement to a refund and We will not have any liability to You in relation to Your lost Order.
If You contact Us within such 30 day period, We will submit a claim to the carrier declaring that the Order has been lost; You must co-operate in full and without exception to any additional information requests that We require from You in relation to the same. Any delay in providing such information may mean that You will lose Your entitlement to a refund and We will not have any liability to You in relation to Your lost Order.
3.15 Damaged Photo Products
If Your Order arrives and the Product(s) are damaged, please comply with Our returns policy as set out in clause 3.12 of these Terms, email [email protected] or telephone Our Customer Services Team on 0203 322 3387.
3.16 Remakes
To talk to someone about a remake of a Photo Product You must inform Us by email [email protected] or telephone Our Customer Services Team on 0203 322 3387.
3.17 Availability and Delivery
(a) Your Order will be fulfilled by the estimated delivery date set out in the Order Confirmation, unless there is an Event Outside Our Control (as defined below). If We are unable to meet the estimated delivery date because an Event Outside Our Control (as defined below), We will use Our reasonable endeavours to contact You to keep You updated and, to the extent We are able to, to provide You with a revised estimated delivery date.
(b) We may deliver Photo Products in instalments. Each instalment will be a separate Contract.
(c) While We and Our authorised subcontractors endeavour to hold sufficient raw material stock to produce all orders. If We/Our authorised subcontractors have insufficient stock to produce or deliver Photo Products which have been ordered and paid for by You, We will cancel Your Order/Contract and refund You the price paid for such Photo Products.
(d) We may decline to deliver Photo Products to Your premises if We believe it would be unsafe, unlawful or unreasonably difficult to do so and We may suspend any delivery (and charge You all costs We incur as a result including storage) until Your premises are satisfactory for delivery.
We reserve the right to cancel any accepted Order/Contract prior to delivery, at Our discretion (whether or not your debit/credit card has already been charged), in case of any material errors in connection with Your Order or Your failure to comply with these or any other Terms relevant to Your Order. If Your payment has already been made and Your Order is cancelled by Us, We will promptly upon confirmation issue an appropriate refund.
(e) Collect@Store. In relation to certain Photo Products, You may be able to opt to collect Your Photo Products and take delivery of them using Our Collect@Store service. Availability for Collect@Store is not shown prior to entering items into Your shopping basket and selecting this service. You will need to select Collect@Store as Your delivery option when placing Your Order. You will be notified when Your Photo Products subject to Your Collect@Store Order are ready for collection. Any Collect@Store orders not collected within 30 days of Us advising You that they are ready for collection may be destroyed without further reference or liability to You.
(f) Delivery will be completed when:
(i) We deliver the Photo Products to the address You gave to Us at the time of placing Your Order; or
(ii) if no one is available at Your address to take delivery, when the delivery agent or shipper leaves a note that the Photo Products have been left with a neighbour or stored at a local collection point (for example Post Office or Royal Mail depot), in which case you can collect or rearrange delivery; or
(iii) if You have selected Collect@Store, when You collect the Photo Products from the relevant Jessops store.
(g) You must inspect Photo Products on delivery. If Photo Products are damaged (or not delivered), you must immediately email [email protected] or telephone Our Customer Services Team on 0203 322 3387.
3.18 Price and Payment
(a) Except in cases of obvious error, the price of any Photo Products will be as quoted on Our Website at the time of You placing Your Order.
(b) Unless otherwise stated, these prices include VAT (charged at the rate applying at the time of delivery) but exclude delivery costs, which will be added to the total amount due at the time of checkout of Your Order on the Website. Some Photo Book Photo Products are VAT exempt due to their bound manufacturing. Delivery costs will be quoted by addition to your shopping basket prior to confirmation of Your Order.
(c) Prices are subject to change at any time, but changes will not affect Orders in respect of which we have already sent you an Order Confirmation.
(d) Our Website contains a large number of Photo Products and other products and it is always possible that, despite Our best efforts, some of the Photo Products listed on Our Website may be incorrectly priced. We will normally verify prices as part of Our dispatch procedure so that if a Photo Product’s correct price is higher than the price stated on Our Website, We will normally, at Our discretion, either contact You to arrange for collection of the payment of the difference by You, or reject Your Order and notify You of such rejection.
(e) We are under no obligation to provide a Photo Product to You at the incorrect (lower) price, even after We have sent You an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by You as a mistake/mis-pricing.
(f) Payment method: All Orders must be paid for using one of the payment methods as detailed on Our Website at the time of checkout of Your Order. We do not accept cheques, bank transfers or some other Internet payments.
(g) When Your payment for Photo Products is taken: During the checkout process, all payments are subject to authorisation by Your Bank/card issuer/payment services provider. We take payment at the time You place Your Order prior to sending You an Order Confirmation. The Merchant ID/payment reference that will show up on Your credit card/bank/payment statement in respect of the transaction will be “Jessops Europe Limited“.
(h) Promotions: Some Photo Products are offered on a free, discounted, multi-buy/bundle or other promotional basis conditional upon and/or linked to the purchase of one or more other products (“Promotional Items”). Additional details and terms and conditions applying to such Promotional Items will be as advertised on the Website at the time of purchase. Those conditions may be varied at any time at Our absolute discretion and the promotion may be withdrawn, suspended or otherwise terminated at any time at Our discretion. In the event that You return Products that are purchased at the same time as any linked Promotional Items (“Returned Item(s)”) You must:
(i) return the Promotional Items to Us together with Your Returned Item(s); the provisions of clause 3.12 shall apply to the return of such Promotional Items; or
(ii) if You do not return such Promotional Items to Us in accordance with the provisions of clause 3.18(h)(i), You agree to pay Us the amount of the discount being to the stand-alone retail price of the Promotional Items (i.e. the price You would have paid had You purchased the Promotional Items without purchasing the Returned Item(s)) less any amount paid by You at the time of purchase for the Promotional Items (the “Outstanding Amount“). Any Outstanding Amount due will be invoiced to You and You must pay the invoiced amount within 5 days of the date of the invoice.
(i) Vouchers: We may offer free discount vouchers to You as a marketing tool, and We may offer vouchers to You to use on the Website. Vouchers will be subject to strict terms and conditions as We may in Our sole discretion determine/publish from time to time and such terms and conditions will be published or otherwise made available for You to access in accordance with the relevant offer. Vouchers will, unless specified otherwise, expire within 12 months of issue and will have no cash or alternative value.
(j) Competitions: Competitions advised by Us and run by Us or Our partners will be subject to strict terms and conditions as We may in Our sole discretion determine from time to time; such terms and conditions will be published or otherwise made available for You to access in accordance with the relevant competition.
3.19 Warranties
To the fullest extent permissible under applicable law, We disclaim any and all warranties of any kind, whether express or implied, in relation to the Photo Products and Photo Services.
(a) We warrant that We will perform production of Photo Products with reasonable skill and care. We warrant that Photo Products will:
(i) materially comply with their description on Our Website; and
(ii) be free from material defect at the time of delivery.
(b) Our warranty does not cover:
(i) improper use of Photo Products or modification without Our written authority; or
(ii) degradation or malfunctions from abnormal environmental causes and poor storage (for example overly damp, hot or cold environments, extremes of humidity).
3.20 Our Liability
(a) Nothing in these Terms or the Contract shall limit or exclude in any way our liability for:
(i) death or personal injury caused by Our negligence;
(ii) fraud or fraudulent misrepresentation; or
(iii) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(iv) for any other matter to the extent that it would be illegal for Us to exclude, or attempt to exclude, Our liability.
If You are a Consumer, nothing in these Terms or the Contract shall limit or exclude in any way Our liability for any breach of the terms implied by the Consumer Rights Act 2015.
(b) Subject to clause 3.20(a), We shall under no circumstances whatever be liable to You, whether in contract, tort (including negligence), misrepresentation, breach of statutory duty, or otherwise, for any:
(i) loss of income or revenue;
(ii) loss of business;
(iii) loss of profits or contracts;
(iv) loss of anticipated savings;
(v) loss of data;
(vi) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise; or
(vii) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses, even if We have been advised of the possibility of such damages or losses.
(c) Subject to clause 3.20(a), if We fail to comply with these Terms/the terms of a Contract, We shall only be liable to You for the purchase price of the Photo Product and, subject to clause 3.20(b), any other losses or damage that You suffer as a result of Our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both We and You knew it might happen, for example, if You discussed it with Us during the sales process.
3.21 Your Personal Data
(a) You agree that Registration Data and any personally identifiable information You provide to Us in connection with Your account may be dealt with by Us in accordance with the terms specified in Our Privacy Policy.
(b) In deciding whether to accept Your Order, We may use the information You have given to Us, or We already hold about You, or which We receive from any enquiry We may make with Our credit checking service providers to confirm Your identity. The credit checking provider(s) will check any details We disclose to them against any database (public or private) to which they have access and will keep a record of that check. The credit checking provider will also retain this information and may use it in the future to assist other companies with identity verification. This assists Us to protect You and Us from fraudulent transactions.
3.22 Disposal of Packaging and Waste
In line with Our company policies on sustainability and environmental responsibility We ask that You carefully dispose of all packaging supplied with Our products.
4 General
Our right to vary these terms and Our Services
(a) We may revise these Terms from time to time, including but not limited to, in the following circumstances:
(i) changes in how We accept payment from You;
(ii) changes to the Photo Products or Photo Services that We offer or to Our Website; or
(iii) changes in relevant laws and regulatory requirements.
(b) Unless We state otherwise, every time You Order Photo Products or Photo Services from Us, the Terms in force at that time will apply to the Contract between You and Us.
(c) We may alter, correct, suspend or discontinue any part of Our Photo Services, how You can use them, and their description on Our Website.
Information about Us and how to contact Us
We are a company registered in England and Wales under company number 08384909 and with Our registered office at Network House, Third Avenue, Globe Park, Marlow, Buckinghamshire, SL7 1EY. Our registered VAT number is GB156-0099-15.
If You have any queries about these Terms or any Order or Contract, please email [email protected] or telephone Our Customer Services Team on 0203 322 3387.
Complaints
We value Our customers’ satisfaction very highly. In the event You have a complaint regarding a Photo Product or Photo Service purchased from Us, please contact Us at [email protected] or call 0203 322 3387.
In the unlikely event that Our Customer Service Team are unable to resolve Your complaint, and You are still not satisfied following the conclusion of Our complaints handling procedure You may refer Your complaint to RetailADR, which is a certified Alternative Dispute Resolution provider. We will respond to any complaint referred to Us by them.
RetailADR, 286 Euston Road, London, NW1 3DP and whose website is at https://www.retailadr.org.uk/
Alternatively, if You are not satisfied with the resolution We have provided, the EU Online Dispute Resolution platform is available at www.ec.europa.eu/consumers/odr. Please note following submission of Your complaint on the EU platform You will be directed to RetailADR You may therefore refer Your complaint directly to them.
Other important terms
(a) Communications between Us: Unless We state otherwise in these Terms, if You wish to contact Us in writing, or if any clause in these Terms requires You to contact Us in writing, You can send this to Us by e-mail at [email protected], by hand delivery, or by pre-paid post to Jessops Europe Limited, Network House, Third Avenue, Globe Park, Marlow, Buckinghamshire, SL7 1EY. We will confirm receipt of this by contacting You in writing. If We have to contact You or give You notice in writing, We will do so by e-mail, by hand delivery, or by pre-paid post to the address You provide to Us in Your Order.
Applicable laws require that some of the information or communications We send to You should be in writing. When using the Website, You accept that communication with Us will be mainly electronic. We will contact You by e-mail or provide You with information by posting notices on the Website. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect Your statutory rights.
(b) Transfer of a Contract to someone else: We may transfer Our rights and obligations under a Contract to another organisation, but this will not affect Your rights or Our obligations under these Terms. You may only transfer Your rights or Your obligations under these Terms to another person if We agree in writing.
(c) Enforcement of these terms by someone else: Each Contract is between You and Us. No other person shall have any rights to enforce any of its terms except as expressly set out in these Terms.
(d) Whole agreement: If You are a business, these Terms and any document expressly referred to in them constitute the whole agreement between You and Us. You acknowledge that You have not relied on any statement, promise or representation made or given by or on behalf of Us which is not set out in these Terms or any document expressly referred to in them.
(e) Events Outside Our control: We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under a Contract that is caused by an event outside our reasonable control (“Event Outside Our Control”). An Event Outside Our Control includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; failure of public or private telecommunications networks (including the internet); and the acts, decrees, legislation, regulations or restrictions of any government.
If an Event Outside Our Control takes place that affects the performance of Our obligations under a Contract:
(i) We will contact You as soon as reasonably possible to notify You; and
(ii) Our obligations under a Contract will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Products to You, We will arrange a new delivery date with You after the Event Outside Our Control is over.
(f) Waiver: If We fail to insist that You perform any of Your obligations under these Terms, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You. Unless specifically provided otherwise, rights arising under the Contract or these Terms are cumulative and do not exclude rights provided by law.
(g) Each of the clauses of these Terms operates separately: If any court or relevant authority decides that any of these clauses are unlawful or unenforceable, such clauses shall be deemed to have been deleted or amended to such extent as is strictly necessary for such clauses to be lawful and enforceable and all other remaining clauses will remain in full force and effect.
(h) Our right to vary these Terms: We have the right to revise and amend these Terms from time to time including (without limitation) to reflect changes in market conditions affecting Our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Our system’s capabilities.
If We revise and amend these Terms, so as to alter the information required to be provided by Regulation 13(1) of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, such revisions and amendments will not be effective unless You expressly notify Us of Your agreement to them.
(i) Language: This Website is based in England and is intended for users in the United Kingdom. We make no representations that the materials and Website are suitable for users outside the United Kingdom, and if You choose to access the Website from outside of the UK You are solely responsible for ensuring compliance with all relevant local laws.
(j) Governing Law:
(i) If You are a consumer, please note that these Terms are governed by English law (including non-contractual disputes or claims). This means a Contract for the purchase of Products and/or Services through Our Website and any dispute or claim arising out of or in connection with it will be governed by English law. You and We both agree to that the courts of England and Wales will have exclusive jurisdiction (including non-contractual disputes or claims). However, if You are a resident of Northern Ireland You may also bring proceedings in Northern Ireland, and if You are a resident of Scotland, You may also bring proceedings in Scotland.
(ii) If You are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales (including non-contractual disputes or claims).
5 Photo Prints Offer
50 Free 6 x 4 prints a month on the 3-5 day service, available on the Jessops Photo APP only. No code needed. Simply select 6 x 4 from the prints menu on a 3-5 day service, upload 50 of your favourite pictures in one order and when you get to the checkout they will be automatically discounted. 50 6 x 4 prints will be discounted but if you order less in your order you cannot re-order the remaining balance in that month. Delivery not included.
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These Terms were last updated on 03 March 2020
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