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Boots Photo - Terms and Conditions

Boots Photo is a trading name of Boots Retail (Ireland) Limited. Boots Photo is operated by CEWE Limited on behalf of Boots Retail (Ireland) Limited and by using the Boots Photo website, kiosks or mobile App, you are transacting with Boots Retail (Ireland) Limited under the following terms and conditions.

Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

In addition, specific pages on our website, mobile app or within our in store kiosks, if any (the “Services”) may set out additional terms and conditions, all of which are incorporated by reference into these Terms

1. Terms & Conditions

1.1 These terms and conditions (“Terms”) (together with any documents to which reference is made) govern the online, in store kiosks and mobile app (“Services”) and the delivery of associated products, all as described on this website.

1.2 By ordering the Services, you agree to be bound by these Terms. You should print a copy of these Terms for future reference.

1.3 Please select the tick box marked “I Accept” at the end of these Terms if you accept them. Please understand that if you refuse to accept these Terms, you will not be able to order the Services from this website.

1.4 We may change these Terms in our sole discretion without notice or reference to you and changes to these Terms become effective as soon as they appear on this website. If you use the Services again after these Terms have been amended, you are deemed to have accepted the amended Terms, which are accordingly incorporated within the contract made between yourself and us. We therefore recommend that you read these Terms each time you order the Services.

1.5 We may terminate our contract with you if you materially breach any of these Terms, and in the event we do so, we reserve the right to take any action against you or seek any remedy available to us, in respect of your breach.

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

2. Information About Us:

2.1 The Service is provided by us, Boots Photo (trading name of Boots Retail (Ireland) Limited. Registered office: 2nd Floor, 5 Riverwalk | Citywest Business Campus | Citywest | Dublin 24, D24 TW13 Registered in Ireland: company number 363449. Registered VAT number IE6383449Q. ). If you have any questions regarding how to use our services or any other general query, please contact use using the details in 2.2 below.

2.2 We can be contacted by telephone on 0333 0151237, email at bootsphoto@cewe.ie or by freepost at:
Online Photo Service
c/o Royal Mail
IBRS/CCRI Numéro 3016
3109 VA, SCHIEDAM
THE NETHERLANDS

2.3 We may sub-contract the provision of the Services or any part of them at our discretion.

3. The Service:

3.1 The Services enable you to upload your own photographic images (“Images”) which we (or our agents and subcontractors) will store digitally so as to enable you to order photographic products or photo gifts made from your Images (“Photographic Products”). We may also store your Images digitally to enable you to share them through the photo album service (“Photo Album”).

3.2 Our site is only intended for use by people resident in the Republic of Ireland The Services are available only to you if you are over 16 years of age.

3.3 We reserve the right to make changes or corrections, alter, suspend or discontinue any part of the Services, or their description as appears on this website, or the basis on which you may use the Services.

3.4 Unless we expressly state to the contrary, any new features or enhancements of the Services or offer of availability or provision of other services or resources, shall be subject to these Terms.

4. Placing an Order for the purchase of Photographic Products

4.1 Details of our prices for the Photographic Products, and the procedures for payment are displayed on this website, on our kiosks or within or mobile App. These prices are subject to amendment from time to time.

4.2 By placing an order for the Services (“Order”), you are making an offer to buy the Photographic Products that you specify in the Order. If we accept your Order, we will confirm acceptance to you by email (“Confirmation”) to the email address you have given us on transmitting the Order.

4.3 We may decline to accept your Order or to supply the Photographic Products to you for any reason whatsoever. We may otherwise cancel any Order or any part of it. Other than as set out in these terms, we shall not be responsible for any loss or damage of any kind, which you might suffer by reason of us declining to accept or for cancelling your Order.

4.4 If we cancel your Order or any part of it, we will notify you by e-mail and refund any monies already paid by you in accordance with our refund policy set out in section 8 below.

5. Price and Payment

5.1 You must pay in full by credit or debit card or by Paypal in advance when you submit your Order by email. Payment will be collected at the time of placing this Order.

5.2 Unfortunately, Boots Gift Cards cannot be used as payment for Boots Photo services either via the instore kiosks, mobile app or this website.

5.3 The price of your Photographic Products is the price in force at the date and time of you placing your Order, as set out on this website, inclusive of the costs of packing and delivery and, are inclusive of VAT (or other prevailing sales tax at the current rate). We may change any of these prices at any time before your Order has been accepted. We make every effort to ensure that prices indicated on this website are accurate, but the price on your Order shall be validated by us as part of the acceptance procedure under paragraph 4.2 above. If a price changes between you submitting your order and it being accepted by us, we will advise you of the new cost and give you an opportunity to withdraw your order at no cost to you.

5.4 You warrant that all details you provide to us for the purpose of purchasing the Photographic Products, 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. We reserve the right to obtain confirmation of the validity of your credit or debit card details from any relevant financial services provider or credit reference agency.

6. Consumer Rights

6.1 Subject to Clause 6.2, you may cancel an Order for non-photographic products without cause at any time within 14 working days, beginning on the day after you received the products set out in your Order. In this case, you will receive a full refund of the price paid for the products, in accordance with our refunds policy (set out in paragraph 8 below).

6.2 PLEASE NOTE THAT YOU MAY NOT CANCEL ANY ORDER WITHOUT CAUSE FOR PHOTOGRAPHIC PRODUCTS WHERE SUCH PHOTOGRAPHIC PRODUCTS INCORPORATE ANY OF YOUR IMAGES UNLESS THE PHOTOGRAPHIC PRODUCTS ARE DAMAGED OR DEFECTIVE

6.3 To cancel an Order, you must inform us either in writing (which may be by email), sent to us in accordance with paragraph 12 below. You must return the product(s) to us as soon as possible, in the same condition in which you received them, and at your own cost and risk.

6.4 This provision does not affect your statutory rights.

6.5 As of February 15 2016, the EU Commission created a platform for extra-judicial dispute resolution. This gives consumers the opportunity to settle disputes relating to an online order out of court. Visit https://webgate.ec.europa.eu/odr/ to access the platform.

7. Delivery

7.1 We will deliver the Photographic Products to the address for delivery stated by you at the time you make the Order.

7.2 In the event that any anticipated delivery of your Photographic Products does not take place, you must promptly notify us by email at bootsphoto@cewe.ie and we shall make reasonable efforts to replace them.

7.3 Republic of Ireland delivery only. It may take a little longer than the advertised times to deliver to some geographical areas of the Republic of Ireland. If you have any queries, please get in touch with us, using the contact details as stated at 2.2 above.

7.4 All delivery times stated on this website are in working days (excluding weekends and Bank Holidays). For example, if the product you order states a delivery time of 5-7 days, this means you will receive your order within 7 working days of the date when the order was placed. We do not accept liability for any failure to deliver within that time, but will endeavour to deliver the Photographic Products to you within 30 days of confirmation of your order.

7.5 A schedule of current delivery costs can be found on this site. These costs are subject to change at any time.

8. Returns and Refund Policy

8.1 In the event that the Photographic Products are received by you in a damaged or defective condition, or if they do not materially match the descrrription or pictures on the website, you may return the Photographic Products to us within 30 days of receipt and if you do so, we will provide a full refund of the price paid by you inclusive of standard rate return postage and packing. If you choose the return the item by courier or via registered or express delivery options, we will only refund the equivalent standard rate cost. In certain circumstances, dictated by us, we may provide a prepaid returns label in order for you to return damaged or defective products. We may also arrange for larger items to be collected from your home where it is deemed appropriate, free of charge.

8.2 If you return any Photographic Products to us in accordance with the clause 8.1, and we are able to prove that they were not faulty when they were received by you, we reserve the right to send them back to you and claim the cost of such return postage from you.

8.3 We will notify you of any refund of monies (including those due as a result of your cancellation of your Order under clause 6 above) via email within a reasonable period of time. We will refund any monies to you using the same method used by you to pay for your purchase. We will usually process the refund to you as soon as possible and in any event within 14 days of your cancellation or the day we confirmed to you via email that you were entitled to a refund for the delivery of any defective Photographic Product.

9. Your Responsibilities

9.1 You are responsible for the security and use of any password or login identifier issued to you in connection with the provision of the Services and you must take all reasonable steps to ensure that such identifiers are kept confidential and secure and that you do not allow any other person without your authority to use the Services using your password or identifier.

9.2 You also agree and warrant to us that all information given by you when you make an Order is accurate and not misleading and that you will not use the Services for any fraudulent or illegal purpose or for any commercial purpose (except in pursuit of your Order).

9.3 You must not upload any Images or any other material, or any content within such Images, which contain any threatening or defamatory or blasphemous or pornographic material or show any kind of child abuse, or are racially offensive or abusive of any religion or likely to incite hatred against any person or group or are otherwise criminal or offensive in the minds of reasonable people or are obscene or menacing or harassing or breach any applicable law.

9.4 You must only upload Images in which you own copyright (or which you are authorised to send to us by the copyright owner) and you warrant that none of the Images contain anything which would infringe any copyright, trade mark, design right or other intellectual property right of any third party.

9.5 We will not check the content of any Images provided by you. However, if any Images uploaded by you do not comply with these Terms, particularly clause 9.3 or 9.4 above, we reserve the right to remove them with immediate effect and without any obligation or liability to you.

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

9.7 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to upload your Images and you warrant that the Images you upload will be free from infection, viruses and/or other code that has contaminating or destructive properties. Your use of the internet in uploading Images shall be entirely at your own risk and subject to all applicable laws and regulations in force. We will not be responsible for any loss of your Images howsoever caused.

9.8 Anything you download in connection with the Services is downloaded and used by you at your own risk and you are solely responsible for any damage to your own computer system or loss of data which results from the download of any such material.

9.9 You agree to indemnify us against any claims, costs, expenses or legal proceedings caused as a result of your use of the Services in contravention of this section 9 or if you are otherwise in breach of these Terms. In the circumstances of such contravention, you acknowledge that we will be entitled to terminate our contract with you and cancel any pending Order for Photographic Products made by you. We may also deny you access to the Services in the future.

10. Security and Copyright

10.1 We will use all reasonable endeavours to ensure the security of your Images and your credit or debit card details that we obtained from you when you submit an Order.

10.2 The contents of this website are protected by international copyright laws and other intellectual property rights and we are the owner or authorized user of these rights.

10.3 All product and company names and logos mentioned in connection with the Services are our trade marks or trading names or those of their respective owners. Nothing in the website shall be deemed to confer on you or any person any license or right with respect of any name, logo or image. 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, by any means or in any manner, any material or information on or download any material, including but not limited to text, graphics, video, messages, code and/or software without our prior written consent.

10.4 You or the original photographer (or otherwise as you may have provided for in writing) remain at all times the owner of the copyright in the Images themselves and the Photographic Products made from them. By uploading any Images to this website you grant to us an irrevocable, royalty-free, indefinite and unrestricted licence to use, share, sublicense, reproduce, modify, publish, publicly perform, publicly display, reproduce and distribute such materials solely for the purposes of providing the Photographic Products

10.5. You affirm, represent and warrant that you have the power and authority to, and do, grant to Boots Retail (Ireland) Limited an irrevocable, indefinite, unrestricted, worldwide, non-exclusive, royalty-free, sub-licensable and transferable licence to copy, publish, reproduce, distribute, store, modify, adapt, display and to use in any way your Images or parts thereof.  This licence granted includes, and is limited to the sole purpose of providing the Photographic Products.

10.6 You affirm, represent and warrant that (i) you own the copyright and waive any moral rights in the Images, or that you have obtained all necessary rights, consents and/or waivers from the owner of the copyright to place an Order for the Photographic Products, and to grant the rights described in these terms and conditions to Boots Retail (Ireland) Limited; (ii) by using the Images in accordance with these terms and conditions Boots Retail (Ireland) Limited will not violate any third party legal rights or any laws.

10.7 Boots Retail (Ireland) Limited respects the intellectual property rights of others and requests all users of the website to do the same. If you think your Image has been copied in a way that it would be considered an infringement of intellectual property rights, you may notify us using the emails provided on the website.

11. Limitations of Liability

11.1 We will use our commercially reasonable efforts to ensure that the Services will be provided with reasonable care and skill and the Photographic Products will be of satisfactory quality, will meet the descriptions set out on this website and will be reasonably fit for the purpose for which you bought them.

11.2 We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any products other than the Photographic Products we provide, or any information or service provided through this website.

11.3 The Services are provided on an “as is” and “as available” basis. While every attempt is made by us to ensure that all materials and information published on this website about the Services are accurate and to keep the Services generally available and error free, we cannot guarantee that this website or the Services will operate continuously or without interruptions or be error free. We accept no liability for any unavailability. You assume total responsibility and risk for your use of the Services and use of all the information we provide.

11.4 We accept no liability for any indirect or consequential loss or damage, or for any direct or indirect loss of data, profit, revenue or business in each case however caused and even if foreseeable. We cannot be responsible for any loss or damage you sustain from the use or misuse of the Photographic Products by you.

11.5 We accept no liability for any loss in respect of material provided by you including the loss of any Images uploaded by you.

11.6 If we are liable to you for any reason, our liability will be limited to whichever the higher of the amount paid by you for the Photographic Products or any compensation for non-delivery or mis-delivery you may receive from An Post or any other carrier we use. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for any fraudulent misrepresentation. As an alternative to financial compensation, we at our option may reprint the Images and send them to you free of charge.

11.7 The limitations and exclusions in this clause do not affect your non-excludable statutory rights as a consumer and only apply to the extent permitted by law.

12. Notices

12.1 All notices and questions regarding these Terms or any Order (including any notice relating to cancellation under clause 6) may be delivered to us either by email at
bootsphoto@cewe.ie or by freepost at:
Online Photo Service
c/o Royal Mail
IBRS/CCRI Numéro 3016
3109 VA, SCHIEDAM
THE NETHERLANDS

12.2 We may contact you or send you any notice at either the email or postal address you provide during any ordering process.

12.3 Notice will be deemed received when an email is received in full (or else on the next business day if it is received outside usual hours of business or on a weekend or a public holiday in the place of receipt) or three (3) days after the date of posting.

13. General

13.1 We may, but you may not, assign any rights and/or transfer, sub-contract or delegate any 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 paragraph 13.1 shall be ineffective. 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.

13.2 We reserve the right at any time to suspend the Services at our sole discretion or for legal or technical reasons. We may also for the same reasons and at our sole discretion delete or refuse to process any Image you upload but if we intend to do so, we shall give you as much notice, if any, as we possibly can. If we propose to delete or not process any Image on the grounds of a suspected or likely breach by you of paragraphs 9.2, 9.3 or 9.4 below or other legal reason, we may at our discretion contact any law enforcement agencies and provide copies of the Images or other information about you to them.

13.3 These Terms as well as any accepted Order are the whole agreement between us. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by us or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these Terms by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the Terms and any accepted Order.

13.4 If any provision or term of these Terms shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such provision or term shall be divisible from the other Terms and shall be deemed to be deleted from them.

13.5 These Terms and your use of the Services are governed by Irish law and you submit to the exclusive jurisdiction of the Irish courts.

13.6 Except in respect of a payment obligation, neither of us will be held liable to each other for any failure to perform any obligation to the other due to causes beyond our respective reasonable control.

13.7 Failure or delay by either party enforcing an obligation or exercising a right under these Terms does not constitute a waiver of that obligation or right.

13.8 These Terms do not confer any rights on any person or party (other than you and/or us).

14. Boots Advantage Card Points

14.1 You will collect 4 Advantage Card points per €1 spent at Boots Photo (excluding delivery costs).  

14.2 Advantage Card holders need to enter their membership number into our in store kiosks, Boots Photo website or mobile app when utilising our photo services.

14.3 Advantage Card section points will be automatically uploaded on to your Advantage Card account in approximately 14 days after your delivery has been made.

14.4 Please note you have up to 24 hours after placing your order to provide Boots Photo with details of your Advantage Card to enable you to claim your Advantage Card points. Details provided after this time cannot be accepted.

14.5 Normal Advantage Card terms and conditions apply.  

14.6 Unfortunately you cannot spend your points on Boots Photo or any other third party retailers, please see Advantage Card full terms and conditions for details.

15. Advantage Card Points Promotions

15.1 All offers cannot be used in conjunction with any other offer or promotional code.

15.2 Points stated will be the total amount awarded.

15.3 There are no cash alternatives to any offer.

15.4 We reserve the right to end any offer at any time, without notice.

15.5 All offers apply whilst stocks last.

15.6 All Advantage Card points are awarded in line with the product price and do not include charges for delivery.

16. Force Majeure

16.1 Boots Photo will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by events outside our reasonable control (a “Force Majeure Event”).

16.2 A Force Majeure Event includes any act, event, non-occurrence, 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, pandemic or other natural disaster
  • Disruption to, interruption or unavailability of or any downtime in railways, shipping, aircraft, motor transport or other means of public or private transport
  • Disruption to, interruption or unavailability of or any downtime in public or private telecommunications networks

16.3 Our obligations under these terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these terms can be performed despite the Force Majeure Event.

17. Data Protection

17.1 Boots Photo uses a third party, CEWE Limited, to provide the Boots Photo services to you.

17.2 Boots Photo is part of the Walgreens Boots Alliance group. 

17.3 Boots Photo is committed to protecting your privacy. Boots Photo will always keep your personal information safe, will never sell it to third parties and will only send you marketing material if you have agreed that Boots Photo can do so. To enable Boots Photo to provide and inform you about Boots Photo’s products and services, Boots Photo shares your information between companies in the Walgreens Boots Alliance group and with external businesses working on Boots Photo’s behalf in the Republic of Ireland and abroad such as CEWE Limited. Please refer to the Boots Photo privacy policy for full details of how and why Boots Photo uses your personal information.

18. Complaints

18.1 Complaints about any submitted photo books, content or terms should be submitted to CEWE at:
Online Photo Service
c/o Royal Mail
IBRS/CCRI Numéro 3016
3109 VA, SCHIEDAM
THE NETHERLANDS

Or via email at bootsphoto@cewe.ie