These terms and conditions (the "Terms") govern the users ("you" or "your") use of the website (the "Website"). The Website is run and operated by Photo-Me (Retail) Limited, a trusted partner of ASDA Stores Limited ("ASDA"). By using the Website and making any purchases you are transacting with Photo-Me (Retail) Limited and agree to be bound by the Terms outlined below. Although ASDA has authorised its trade mark to be used in conjunction with the Website, Photo-Me (Retail) Limited, and not ASDA, is solely responsible for all sales made through the Website.
Photo-Me (Retail) Limited is registered in England and Wales with Company number 02564709. Registered Office: Church Road, Bookham, Leatherhead KT23 3EU.
VAT number: GB 240 6175 30.
ASDA Stores Limited is registered in England and Wales with Company number 464777. ASDA Stores Limited registered office is ASDA House, Southbank, Great Wilson Street, Leeds, LS11 5AD VAT number is GB 362 0127 92"
Welcome to the ASDA Photo & Cards website which is owned and operated on behalf of ASDA Stores Limited (the "Site").
Email communication. ASDA Photo & Cards intends to send and you agree to receive email confirmations regarding orders placed with ASDA Photo & Cards.
To read the complete ASDA Photo & Cards Terms and Conditions, please see below.
1. INFORMATION ABOUT US
Before you enter the Site or purchase any products (the "Products") through the Site, it is important that you carefully review the Terms and Conditions set out below (the "Terms"). In addition, specific pages on the Site may set out additional terms and conditions, all of which are incorporated by reference into the Terms.
Terms may be changed or updated at any time, but you can always find the most recent version here. Please see the section below entitled "Modification of Terms" for more information. In the case of inconsistencies between these Terms and information included in off-line materials, these Terms will always control.
By your initial acceptance of the Terms and your continued use of the Site, you indicate that you accept the Terms and that you agree to be bound by and subject to them. Acceptance of the Terms creates a binding legal agreement between you and Photo-Me (Retail) Limited Photo-Methat you will use the service only in a manner that is consistent with the Terms. You should also understand that by ordering any of our Products, you agree to be bound by the Terms. If you have questions about the Terms, please contact us at email@example.com. Your use of the Site and its services, including the purchase of any Products (together, the "Service") is entirely conditioned on and subject to your compliance with the Terms. If you do not agree with the Terms, you will not be able to access the Site or use the Service or purchase the Products.
You should print a copy of these Terms for your future reference.
ASDA ONLINE PHOTO CENTRE
2.1 These Terms govern the relationship between you as an authorised user ("Authorised User" or "you") of the ASDA online photo centre ("OPC") and Photo-Me (Retail) Limited ("Photo-Me") for the following purposes:
uploading digital images to the OPC;
Storing digital images on the OPC;
ordering prints of digital images that have been uploaded to the OPC;
sharing digital images via the OPC.
2.2 Please read these Terms carefully because they form a legal document. By using the OPC, you agree to be bound with Photo-Me by these Terms. The OPC may only be used if you accept these Terms. You may only use this OPC if you are aged eighteen (18) years or over.
2.3 These 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 provisions of your Local Law. You agree that, by you agreeing to these Terms with Photo-Me, you waive any consumer rights you have which are capable of being waived under your Local Law and that these Terms are the only terms and conditions that apply between you and Photo-Me in respect of your use of the OPC and the supply by Photo-Me of your Prints.
3. TERMS OF PURCHASE OF PRINTS
3.1 By the display and description of this OPC, Photo-Me does not agree to process your order and supply your Prints/products at the prices specified, or at all.
3.2 These Terms will not form a binding contract between you and Photo-Me for the purchase and supply of the Prints/products until the following conditions have been met:
you have submitted your offer to buy certain Prints ('Order') using the order facility provided; and Photo-Me notifies you by e-mail that your Order for those Prints has been accepted and Photo-Me agrees to supply the Prints to you.
3.3 Photo-Me will not be responsible for any loss or damage, howsoever arising, as a result of a failure, refusal or inability by Photo-Me to fulfil an Order.
3.4 In order to maximise the use of space on your website, all photos uploaded to the Digital Photo Centre are subject to compression. This is irreversible and may cause a small loss of quality when photographs are enlarged.
4. PRICE AND SPECIFICATION OF PRINTS
4.1 All prices quoted include UK value added tax (at the applicable rate from time to time), and if there is a separate postage and packaging charge this is listed with the price and specification of Prints. The total cost is the "Purchase Price". Photo-Me 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.
4.2 All Purchase Prices and specifications of Prints are subject to change without notice to you, except where Photo-Me has accepted your Order and agreed to deliver the Prints to you in accordance with Clause 3.2.
4.3 Any Purchase Price payable for use of the OPC must be paid in advance. The Purchase Price is paid by credit or 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.
5.DELIVERY OF PRINTS
5.2 Notwithstanding Clause 5.1, the time of delivery is an estimate only and Photo-Me shall not be liable for any late delivery of the Prints or any loss or damage caused as a result.
6. RETURN & REFUND POLICY
6.1 If you find you are dissatisfied with any digital print or gift we will provide you with a replacement or a full refund as long as you let us know within 28 days of date of receipt. 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.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.
7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1 Please follow the online order process to order any Products from the Site which includes the following key steps:
Select and personalise your Products;
Click "Add to Basket" to add the Products to your online shopping basket;
You can choose to have your Products delivered to you or sent directly to the recipient by clicking on "Post to Me" or "Collect in Store" as appropriate. Delivery is only available within the UK. You can enter any promotional voucher code you may have at this stage;
You will then be asked to enter your delivery address. Once you have done this click on "Proceed to Confirm Details";
You will then be given an opportunity to review your order information. This screen will confirm the price of your Products (including VAT) and the applicable delivery charges which will be added to the price of your Products to give you a "Grand Total";
If you need to correct any input errors in your order you can do so by going back to your basket where you can also remove one or more Product from your order by clicking on the relevant "Remove" button;
Once you are ready to place your order, please click on "Proceed to Payment".
You will then be asked to insert your card details and billing address;
Once you have entered all details and are ready to place your order please click "Submit For Processing".
7.2 After placing an order to purchase the Products, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Products have been dispatched ("the Dispatch Confirmation"). The contract between us for the purchase of the Products ("the Contract") will only be formed when we send you the Dispatch Confirmation.
7.3 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
7.5 You acknowledge that the Products are made to your specification and regrettably we cannot cancel any order for personalised Products once it has been placed. You accept that you will not have any right to cancel a Contract for the supply of any personalised Products.
7.6 Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
8. AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation. If no delivery date is specified or in any event, delivery will be made within 30 days of the Dispatch Confirmation, unless there are exceptional circumstances.
9. RISK AND TITLE
9.1 The Products will be at your risk from the time of delivery.
9.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
10. PRICE, PAYMENT & REFUNDS
10.1 The price of any Products will be as quoted on the Site from time to time, except in cases of obvious error.
10.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our FAQ’s.
10.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
10.4 The Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Products correct price is less than our stated price, we will charge the lower amount when dispatching the Products to you. If a Products correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions before dispatching the Products, or reject your order and notify you of such rejection.
10.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
10.6 Where the Products are defective, damaged or faulty please contact the customer services team on Tel: 0800 479 8713 to discuss the process for obtaining a replacement or refund. Any refund will be made in full, including a refund for the standard delivery charges for sending the item to you. We request that you return any Products to the following address for inspection.
Asda Photo Service Team
ASDA Contact Centre
Great Wilson Street
We will make any refunds within 14 days of receiving the goods back.
11. DURATION OF TERMS AND CONDITIONS
11.1 These Terms are binding upon you immediately you accept them in accordance with Clause 3 and they will remain in force until both parties have performed their obligations under these Terms or either party breaches its obligations under these Terms.
11.2 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.
12. PHOTO-ME'S RESPONSIBILITIES
12.1 Photo-Me undertakes to use commercially reasonable endeavours to prevent breaches of security of the Site (including your credit or debit card details provided by you when you submit an Order for any Prints), and to use reasonable endeavours to ensure that any Photo-Me suppliers, subcontractors or agents comply with this Clause 12.1.
12.2 Photo-Me will use reasonable endeavours to respond to your Order within a reasonable length of time.
12.3 The OPC is provided on an "as is" and "as available" basis, and Photo-Me makes no representation or warranty that the OPC offered will be accessible, or usable by you, or error free.
12.4 Photo-Me reserves the right without notice to you, to suspend or alter the operation of the OPC, at its sole discretion or for legal or technical reasons. Photo-Me may without notice and at our sole discretion delete or remove any image that has been uploaded or submitted for printing. Photo-Me 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.
12.5 It is possible that images or other material may appear on our web site which are unlawful or offensive. We are not responsible for such images or material but if you become aware of any such images or material on the web site you should please inform us without delay.
12.6 We may at our discretion contact law enforcement authorities if we believe that anything unlawful is occurring or has occurred in relation to the web site (including the uploading of any images in breach of the above restrictions). We may provide copies of any relevant images or material to the law enforcement authorities and in that connection may also give them access to any personal data that is held by us.
13. YOUR RESPONSIBILITIES
13.1 You agree that you are responsible for the security and use of any user names or passwords needed to access the OPC 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 OPC using your user name or password.
13.2 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 Photo-Me. If you give details of a non-existent credit card number or the number of a credit card that belongs to someone else, we reserve the right to terminate your account without notice.
13.3 You warrant that all information given by you in your registration or use of this OPC is accurate and not misleading and that you will not use this OPC:
for any fraudulent or illegal purposes
for any commercial purpose other than to conduct a commercial transaction with Photo-Me. This includes allowing access to your photo album in return for payment or for any other commercial purpose.
for the transmission or posting of any computer viruses or any material which is:
likely to incite hatred against any person or group
of any criminal act
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
breaches any applicable laws or legislation
13.4 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.
13.5 You acknowledge that all copyright, trademarks and all other intellectual property rights in any part of the OPC or any material supplied as part of the OPC belongs to us or our licensors. You acknowledge that you are permitted to use the OPC only as expressly authorised by us pursuant to these Terms. You are not allowed to remove any copyright, trade mark or any other intellectual property notices contained in the original material from any material copied or printed off from the web site. Should you use any copyright material you will need to provide written permission from the photographer to show that you own the copyright before the images will be handed over.
13.6 You agree to indemnify Photo-Me against any claims, costs, expenses or legal proceedings caused as a result of your use of this OPC in contravention of this Clause 8. Further, in these circumstances, Photo-Me shall be entitled to treat the contravention as a material breach of these Terms and terminate the Terms, cancel any pending orders for Prints made by you and terminate any access permission granted to you by Photo-Me forthwith, without notice to you.
13.7 A condition of Membership is your "Active Participation" in the OPC. Active Participation is defined as logging onto the OPC at least once every 60 days. If your Member account is inactive for a period of over 60 days, Photo-Me may terminate your Membership (or any part thereof) or use of the OPC and remove and discard any content, including but not limited to any and all information, communications, postings, albums, image files or any other content within the OPC.
13.8 By registering your details with Photo-Me you agree that ASDA or Photo-Me may send you details of changes and improvements to the OPC, great value products which are offered by ASDA, competitions and more, by email or otherwise. We may also pass your details to 3rd Parties who may contact you for market research purposes in relation to ASDA's services. If you would rather not receive this information, you may opt out by simply logging in to your account and changing your preferences in 'My details'
14. LIMITATION OF LIABILITY
14.1 Any material or software downloaded or otherwise obtained through use of the OPC is used at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
14.2 We have taken every care in preparing the material made available to you via the OPC. To the extent permitted by applicable law, we disclaim all express and implied warranties as to the accuracy of the information given in the OPC. We shall not be liable to you or any other person for any loss or damage which may arise from your use of the OPC (other than by reason of fraud) including:
loss of business; loss of revenue; loss of profits; loss of anticipated savings; wasted expenditure, loss of privacy and/or loss of data;
loss or damage, which arises from your misuse of any of the information contained in any of the materials made available to you via the OPC; and/or
other loss or damage which does not result directly from our actions or the actions of our agents and other suppliers.
14.3 If Photo-Me is unable to perform any obligation under these 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 Photo-Me, Photo-Me will have no liability for that failure to perform.
14.4 Our financial liability to you in the event of your completed Order being lost in despatch shall be limited to the higher of the payment you have made for the particular Order or the level of compensation awarded from time to time by the Royal Mail or such other carrier as we may use from time to time.
14.5 We may modify or discontinue, temporarily or permanently, any part of the OPC, with or without notice to you, and you confirm that we shall not be liable to you or to any third party for any modification to, or discontinuance of, any part of the OPC.
14.6 Any liability we may have to you shall be limited to the reprinting of the Images or reimbursement of charges paid (if any).
14.7 Our exclusions of liability shall not apply to any damages arising from death or personal injury caused by our negligence or that of any of our employees or agents.
14.8 You will indemnify us and our officers and employees against any action, claim, damages, liability, costs and expenses arising out of:
any use by you or your guests of this web site in breach of these terms,
any claim that the uploading 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;
any claim that the processing, printing or other dealing with by us in accordance with these terms of any images uploaded by you or on your behalf is an infringement of any third party's copyright, trade mark or other intellectual property rights
15.1 You may send a legal notice to Photo-Me, or any questions you may have concerning these Terms, by e-mail to firstname.lastname@example.org, or writing to us at: ASDA, c/o Photo-Me Church Road, Bookham, Leatherhead KT23 3EU. Such notices will be effective within 3 days of receipt by Photo-Me.
15.2 Photo-Me may give notice to you by general notice on the web site, ASDA.com, asda-photo.co.uk, by e-mail to your e-mail address on record with Photo-Me, or by post to the geographical address on record with Photo-Me. Such notice will be effective if sent by e-mail or posted on ASDA'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 Photo-Me.
16. THIRD PARTIES
16.1 Nothing in these 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 Terms.
17.1 These Terms form the entire agreement between you and Photo-Me and supersede any other oral or written communications, agreements or representations with respect to your use of this OPC.
17.2 Photo-Me reserves the right to add to or change the terms of these Terms in its sole discretion without prior notice to you. All changes to the Terms will be effective once posted on the OPC. Photo-Me will provide notice of the changes to the Terms for (30) days after posting the amended Terms on the OPC. Your continued use of the OPC and submission of any Order in accordance with Clause 2.2 above following Photo-Me's posting of such changes will be regarded by Photo-Me as acceptance of the amended Terms. If you do not agree to be bound by the amended Terms, you should exit the OPC and not access the OPC or submit any Orders for Prints to Photo-Me.
17.3 Nothing in these Terms affects your statutory rights as a consumer.
17.4 If any part of these Terms are held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these Terms will not be affected.
17.3 Your use of the Internet is solely at your risk and subject to all applicable laws, and Photo-Me has no responsibility for any information, software, services or other materials accessed or obtained by you using the Internet.
17.4 Unless otherwise specified elsewhere in this OPC, all Prints will only be delivered to those Authorised Users who are located in the United Kingdom. Photo-Me makes no representation that any of the Prints are appropriate for use, or available, in any other locations. Unless otherwise specified elsewhere in this OPC, those who choose to access this OPC from any location outside the UK are solely responsible for compliance with Local Law if, and to the extent it is applicable.
17.5 These Terms are governed by the laws of England, and subject to the exclusive jurisdiction of the English Courts.
18. COMPANY DETAILS
18.1 The photo website is operated on behalf of ASDA by Photo-Me Technology Ltd. UK registered company: Photo-Me Technology Ltd
Registered office: Church Road, Bookham, Leatherhead KT23 3EUPhoto-Me
Company Number: 02564709
VAT Number: 240 6175 30