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Terms and Conditions
Terms of website use
These pages (together with the documents referred to in them) tell you the terms of use on which you may make use of our websites (our “Websites") whether as a guest or a registered user, including but not limited to, those websites with the following URLs:
- www.findaphotostore.com;
- http://www.findaphotostore.com;
- www.findaphotogift.com;
- http://*.findaphotogift.com;
Please read these terms carefully before you start to use our Websites. You may only use our Websites (and the services provided through our Websites) if you agree to these terms. Continued use of the site and our services indicate your acceptance of these terms.
Information about us
Our Websites are operated by Findaphotostore Limited ("we”, “our”, “us"). We are registered in England and Wales under company number 07215669 and our registered office and main trading address is at Salamander Moores Court, Cambridge Road, Sandy, Bedfordshire SG19 1JF .
Our VAT number is GB 989 4882 29
Accessing our Websites
Our Websites provide access to a number of services provided by us that may only be used in accordance with these terms. The services include, but are not limited to:
- the ability to upload digital images to our Websites;
- the ability to order prints of digital images that have been uploaded to our Websites;
- the ability to order other items on which we can print images that have been uploaded to our Websites; and
- the ability to order other products or services through our Websites.
You may access any part of our Websites provided that it is not password protected. Access to some parts of our Websites is only available if you have a valid password.
Only persons aged 18 years or over may access our Websites and use the services offered by us.
Your account
Subject to these terms you may open an account with us by completing the registration form [which can be found ][w3] . Once your registration has been accepted (and until your account is terminated) you will be able to upload images to our Websites, email images to us for uploading to our Websites on your behalf and (subject to agreeing any additional terms which are applicable) request services to be supplied by us (such as the printing of uploaded images).
During the registration process you will be asked to supply your email address. This will help us to verify your identity on future visits. Should you register using an invalid email address or an email address that belongs to someone else, we may terminate your account at any time without notice.
Each registration is for a single user only.
You may also need to provide a password in order to access your account and the photos which have been uploaded to it. We do not permit you to share your password with any other person. You must keep your password secure at all times. You will be responsible for any damage or losses caused by unauthorised access resulting from your failure to keep your password secure.
There is no charge for opening a Findaphotostore Limited account, however there may be charges for other products or services supplied by us. You will be notified of these charges at the time you request the products or services. When you place an order for products or services, for which there is a charge, you will need to supply us with your credit or debit card and other personal details so that we may process the order for you. Any charges for the products or services requested will be billed to your credit card once the order has been accepted by us.
In the event that you supply invalid credit card details or details of a credit card that belongs to someone else, we reserve the right to terminate your account at any time without notice.
Intellectual property rights
You retain all intellectual property rights, including copyright, in those images that you have uploaded to our Websites or where you already own such rights. We are the owner (or the licensee) of all intellectual property rights in our Websites.
We may display, modify, print, transmit or distribute any of the images that you upload to us, in order to provide any of the services offered by us through our Websites subject to these terms.
It is a condition of allowing you to use our Websites and any services offered through it that you have the right to copy, upload or otherwise deal with those images in relation to our Websites and to allow us to process and otherwise deal with those images in accordance with these terms. You may print off as many copies of your own images as you wish.
You may not upload, request us to print, or otherwise deal in relation to our Websites, with 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.
Our liability
The material displayed on our Websites is provided without any guarantees, conditions, or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statue, common law or the law of equity.
- Any liability for any direct, indirect, or consequential loss or damage incurred by any user in connection with our Websites or in connection with the use, inability to use, or results of the use of our Websites, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- Loss of income;
- Loss of business;
- Loss of profits or contracts;
- Loss of data;
- Loss of goodwill; and
- Any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which can not be excluded or limited under applicable law.
Uploading material to our Websites
Images uploaded to our Websites must be digital images in JPEG format. Images uploaded by you or by us on your behalf will (subject to the restrictions in these terms) be available for viewing by you in our photobucket, accessible through your account using your email address and password.
Prohibited uses
You are not allowed to use our Websites (or to copy or use any material from our Websites) for any commercial purpose other than to conduct a commercial transaction with us. This includes allowing access to your account in return for payment or for any other commercial purpose.
You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material on our Websites from any copies or printed items taken from material on our Websites.
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 may result in immediate suspension of your service.
You are not allowed to upload or order printed items which contain or use any images or other material including text based annotations and comments, which contain any of the following:
- material which is defamatory of any person;
- material which is pornographic, obscene, indecent or offensive;
- material which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- material that is likely to incite hatred or violence against any person or group;
- material that is likely to aid, abet, counsel or procure the suicide of any person;
- material that is likely to deceive any person;
- blasphemous material;
- material which concerns or relates to any criminal act;
- material the use or inclusion of which infringes any copyright, trademark, database or other intellectual property right of any third party;
- material made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- material which promotes any illegal activity;
- material which is threatening, abusive or invades another’s privacy, causes annoyance, inconvenience or needless anxiety;
- material which is likely to harass, upset, embarrass, alarm or annoy any other person;
- material used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- material which gives the impression that it emanates from us, if this is not the case;
- material that advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse; or
- material that breaches any applicable laws or legislation.
Although we prohibit the uploading of certain types of image to our Websites, we cannot control, nor do we monitor the use of our Websites. It is possible that images or other material may appear on our Websites which are unlawful or offensive and contravene our restrictions on content set out above. We are not responsible for such images or material but if you become aware of any such images or material on our Websites please contact us without delay.
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 Websites including the uploading or emailing of any images in breach of the above restrictions on content. We may provide copies of any relevant images or material to the law enforcement authorities and in that connection we may also give them access to any personal data that is held by us.
We may without notice and at our sole discretion delete or remove any image that has been uploaded, or submitted for printing in breach of these terms.
We may refuse to provide any further services to anyone who breaches these terms of use.
You will indemnify us and our officers and employees against any action, claim, damages, liability, costs and expenses arising out of:
- any claim that the uploading or emailing of any images by you or on your behalf is an infringement of any third party's copyright, trade mark or other intellectual property rights; or
- any claim that the processing, printing or other dealing by us of any images uploaded or emailed by you or on your behalf is an infringement of any third party's copyright, trade mark or other intellectual property rights.
Operation of our Websites
We may change the format and content of our Websites (or any products or services offered by our Websites) at any time.
We may terminate or suspend the operation of our Websites (or terminate or suspend provision of any products or services offered through our Websites) 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.
You are advised to keep back ups of all material provided to us. In particular, it is up to you to keep backup copies of images uploaded by you. We will not be responsible for keeping backups or for the loss of, deletion or corruption of any images or any other material uploaded onto our Websites.
Information about you and your visits to our Websites
Personal data provided to us through our Websites will only be used in accordance with our Privacy Policy. Please read through this carefully before proceeding. By providing your personal data to us you are consenting to its use in accordance with our Privacy Policy.
Services/products
Once you have placed an order for any products or services through our Websites (including any order for printing services), the order will not be treated as having been accepted until you receive confirmation from us by email or post.
In the event that printed items are produced and prior to dispatch you are found to be in breach of these terms, we will not dispatch the printed items to you. We may, at our sole discretion, refund all or a proportion of the payment made in respect of the order but we reserve the right to charge in full as if the printed items had been dispatched.
To maintain continuity of service we reserve the right to use alternative photographic paper products in the production of printed items, to those stated on our Websites.
Free printed items may be offered from time to time as part of a promotion or competition. Qualifying sizes for free photographic prints are 6"x4" and 5"x7". Free printed items can only be claimed as part of an online order through our Websites. Postage and packaging charges will still apply and will need to be paid by credit or debit card or from your account, unless otherwise stated.
Voucher Codes
Voucher codes can only be claimed as part of an online order through our website.
Only one voucher code can be used per transaction, for example, if you have two codes, one for 20% off and one for Free Post & Packing, if you enter the code from free post and packing at the checkout, the charge for post & packing for that order will be removed, however, if you then enter the 20% off discount, the charge for post & packing will be re-applied and the 20% discount will be removed from the cost of goods.
Please carefully check the terms of any voucher codes to identify what your final discount or offer will be. Percentage discounts usually only apply to the cost of goods and exclude post & packing cost - i.e. the percentage discount will not be deducted from post & packing charges. However some voucher codes could include post & pack as part of the offer. You could therefore have a code offering 100% off a product, but you will still be charged for post & packing for that item.
If a voucher code is multi use, i.e valid for a period of time, the code needs to be entered against every transaction to be applied, our site does not store codes once entered, if you forget to re-neter a voucher code, no discount will be applied to that purchase.
if you forget to enter a voucher code, we cannot retrospectively give any discount, so it is important to always enter any codes you have been given to obtain the required discount.
Further conditions may apply and if applicable will be published with the relevant offer code.
Communication
We will use our reasonable endeavours to reply promptly to all correspondence. Such reply may be by email or by post.
All prices quoted include UK value added tax (at the applicable rate from time to time), there is a separate postage and packaging charge this is listed in the shopping basket for your order . The total cost is the "Purchase Price".
Due to the bespoke nature of our products (photographic prints or other printed products) once you have confirmed your order online it is not possible to cancel the order. The cost of goods on your order will be debited from your credit or debit card as soon as we confirm acceptance of your order.
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.
The decision whether to accept any order from you is at our sole discretion.
We 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.
All Purchase Prices and specifications of Prints are subject to change without notice to you, except where we have accepted your order and agreed to deliver the Prints to you in accordance with our terms.
Delivery of goods
All goods will be delivered to you at the address given by you during the checkout process, or to the store identified for you from which you will collect your order. .
Delivery timings are approximate and could be subject to delays that are outside of our control. Photobooks, calendars and greeting cards require a delivery period of up to 21 working days. All other gift products require up to 14 working days for delivery, however we will always endeavour to deliver goods as soon as possible from date of order.
We shall not be liable for any late delivery of the Prints or any loss or damage caused as a result.
Return & refund policy
We understand the value of every picture you take. If you find you are dissatisfied with any digital print or gift for any reason, we will firstly do our utmost to reprint/remake the order to your satisfaction. Please be aware you will be required to wait the specified delivery period during this process. We ask that the unsatisfactory pictures/gifts are returned to us, to investigate and to enable us to continue to provide the best quality prints and gifts in the future.
In the unlikely event that you are still not satisfied you may request a refund. Refund requests will be reviewed and issued where we believe we have produced products of below expected quality or which are damaged in transit. Refunds will be credited to the credit or debit card used when placing the original order
All returns must be made within 28 days of receipt.
Cancellation of account
You may cancel your account by contacting us by email or by post. You may be asked to provide further proof that you are the holder of the account. Your account will be cancelled as soon as reasonably practicable following receipt of your email or letter.
We may cancel your account without notice at our sole discretion. Once your account is cancelled, your photos in our photo bucket will be removed from our Websites and your password will no longer enable access to the password protected areas of our Websites.
Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Websites, 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 our Websites. 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.
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 that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event 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.
Impossibility of the use of public or private telecommunications networks.
The acts, decrees, legislation, regulations or restrictions of any government.
Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
Law and jurisdiction
These terms (and the provision of products and services by us) are governed by and are to be interpreted in accordance with the law of England and Wales. In the event of any dispute arising in relation to these terms or in relation to the provision of any products and services by us the English courts will have non-exclusive jurisdiction over such dispute although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or other relevant country.
Waiver
If we fail, at any time, to insist upon strict performance of any of these terms, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms shall be effective unless it is expressly stated to be a waiver and is communicated to you by e-mail.
Variations
We may change, modify or revise these terms of use at any time by amending this page. The changes made to the terms will come into effect as soon as they are posted on our Websites and your use of our Websites (or of any services provided through our Websites) will be subject to the amended terms.
You are expected to check this page from time to time to take notice of any changes we may have made. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our Websites.
Questions, concerns or complaints
If you have any questions, concerns or complaints about material which appears on our Websites, please contact us [customer_services@findaphotogift.com].
Complaints or claims must be notified to us within 28 days of receipt of products, or in the case of non-delivery, in a reasonable time after the products were expected to arrive.
