Terms and Conditions
The website, software, app and products available to order on this website, software and or app are operated by CEWE Limited. By using this website, software and or app and purchasing products you are transacting with CEWE Limited on the following Terms and Conditions.
CEWE Ltd Online Photo Service: Terms and Conditions
1. Terms and Conditions
1.1 These terms and conditions "Terms") (together with any documents to which reference is made) govern the online photo service ("Services" and the delivery of associated products, all as described on this website. Please read these terms and conditions carefully before ordering the Services from 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 checkbox marked "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 These Terms may have changed since you last reviewed them. We therefore recommend that you read these Terms each time you order the Services.
2. Information About Us:
2.1 The Service is provided by us, CEWE Limited (registered in England under number 00485715 with a registered office at Unit 4 Spartan Close, Titan Business Centre, Tachbrook Park, Warwick, Warwickshire, CV34 6RR). We can be contacted by telephone on 01926 463100 or by email on firstname.lastname@example.org. Our VAT number is GB 765342911.
2.2 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")) to be delivered to you at an address in your country of residence being one of the serviced countries as identified on this website ("Serviced Countries"), in this case the Republic of Ireland. 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 Serviced Countries. The Services are available only to you if you are over 18 years of age, resident in one of the Serviced Countries and accessing the website from that country, and capable of forming legally binding contracts.
3.3 We make no representation that the Services are appropriate or available for use outside of the Serviced Countries. In the event that you access the Services from a location outside the Serviced Countries, you are solely responsible for compliance with local law insofar as it may be applicable. IF YOUR USE OF THE SERVICES OR VIEWING OF THIS WEBSITE IS IN ANY WAY CONTRARY TO ANY APPLICABLE LAW IN ANY COUNTRY OUTSIDE THE SERVICED COUNTRY IN WHICH YOU ARE RESIDENT, YOU ARE NOT ENTITLED TO USE THE SERVICES AND MUST EXIT THIS PART OF THE SITE IMMEDIATELY.
3.4 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. We may do this due to, for example, a change in law and regulatory requirements or to make minor technical adjustments.
3.5 A product's true colour may not exactly match that shown on your device or its packaging may be slightly different. 3.5 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. 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 Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because you are located outside the Serviced Countries or because the product is mispriced.
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 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, subject to clause 5.3 below, 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.
5.3 We deliver Photographic Products to the Serviced Countries, but where your Photographic Products are delivered outside the United Kingdom, the price is exclusive of any local sales taxes or customs or import duties, which may apply. We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
5.4 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.
5.5 If the rate of VAT (or other prevailing sales tax) changes between the date of your Order and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the rate of VAT takes effect.
6. Consumer Rights
6.1 Except as set out further below in Clause 6.2, you may change your mind and cancel an Order at any time within fourteen days, beginning on the day after you received the Photographic Products set out in your Order. In this case, you will receive a full refund of the price paid for the Photographic Products in accordance with our refunds policy (set out in paragraph 8 below).
6.2 PLEASE NOTE THAT YOU MAY NOT CHANGE YOUR MIND AND CANCEL AN ORDER FOR PHOTOGRAPHIC PRODUCTS WHERE SUCH PHOTOGRAPHIC PRODUCTS INCORPORATE ANY OF YOUR IMAGES, ARE MADE TO YOUR SPECIFICATION OR ARE OTHERWISE CLEARLY PERSONALISED.
6.3 To cancel an Order, you must inform us either in writing (which may be by email, and sending it to us in accordance with paragraph 13 below. You must return the Photographic 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.
7.1 We will deliver the Photographic Products to the address for delivery stated by you at the time you make the Order.
7.2 We will attempt to deliver any Photographic Products under your Order within 10 working days of the date of our acceptance of your Order, but this date is an estimate only. Although we will make all reasonable efforts to deliver your Photographic Products within this time, we do not accept liability for any failure to deliver within that time.
7.3 In any event, notwithstanding the provisions of Clause 7.2, we will endeavour to deliver the Photographic Products to you within 30 days of Confirmation of your Order.
7.4 In the event that any anticipated delivery of your Photographic Products does not take place, you must notify us by email at email@example.com within 30 days of placing your order and we shall make reasonable efforts to replace them. If you do not contact us within 3 months of placing your order we will not be able to issue a reprint or refund of your order.
7.5 If you don'92t, within a reasonable time, allow us to deliver the Photographic Products to you, we treat your Order as cancelled and refund the price paid by you in accordance with Clause 8.
7.6 If our supply of your Photographic Products is delayed by an event outside our control, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won'92t compensate you for the delay, but if the delay is likely to be substantial you can contact us using the details at Clause 13 to cancel your Order and receive a refund for any Photographic Products you have paid for that have not yet been received (less reasonable costs we have already incurred).
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 description 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 the return postage and packing at our standard delivery rate.
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. Where the refund is for Photographic Products that have not yet been dispatched or delivered to you, we refund you as soon as possible and within 14 days of you telling us you've changed your mind. If you are sending Photographic Products back to us, we refund you within 14 days of receiving them back from you (or receiving evidence you've sent them to us). We refund you by the method you used for payment.
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 and conditions, particularly 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. Privacy and Data Protection
11. Security and Copyright
11.1 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.
11.2 The contents of this website are protected by international copyright laws and other intellectual property rights and we are the owner or authorised user of these rights.
11.3 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. 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.
11.4 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 uloading any Images to this website you grant to us a limited non-exclusive, fully paid up and royalty free license to use, modify, publicly perform, publicly display, reproduce and distribute such materials solely for the purposes of providing the Photographic Products.
12. Limitations of Liability
12.1 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.
12.2 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.
12.3 We're responsible for losses you suffer caused by us breaking this contract unless the loss is: (a) unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable); (b) caused by a delaying event outside our control. As long as we have taken the steps set out in Clause 7.6; (c) avoidable. Something you could have avoided by taking reasonable action; (d) a business loss. It relates to your use of a product for the purposes of your trade, business, craft or profession.
13.1 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 firstname.lastname@example.org or by post to PO BOX 4395, Warwick, CV34 9DN or Online Photo Service, c/o Royal Mail, IBRS/CCRI Num'e9ro 3016, 3109 VA, SCHIEDAM, THE NETHERLANDS
13.2 We may contact you or send you any notice at either the email or postal address you provide during any ordering process. 13.3 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.
14.1 We can transfer our contract with you, so that a different organisation is responsible for supplying your Photographic Products. We'll contact you to let you know if we plan to do this. If you're unhappy with the transfer you can contact us using the contact details at Clause 13 to end the contract within 14 days of us telling you about it and we will refund you any payments you've made in advance for Photographic Products not provided and where no costs have yet been incurred. You can only transfer your contract with us to someone else if we agree to this.
14.2 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.
14.3 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.
14.4 If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
14.5 These Terms and your use of the Services are governed by Irish law and you submit to the exclusive jurisdiction of the Irish courts.
14.6 We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn't mean we can't do it later.
14.7 This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
15. Boots Advantage Card Points
15.1 You can collect Advantage Card points Boots Photo (excluding delivery costs).
15.2 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.
15.3 Advantage Card section points will be automatically uploaded on to your Advantage Card account in approximately 14 days after your delivery has been made.
15.4 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.
15.5 Normal Advantage Card terms and conditions apply.
15.6 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.
16. Advantage Card Points Promotions
16.1 All offers cannot be used in conjunction with any other offer or promotional code.
16.2 Points stated will be the total amount awarded.
16.3 There are no cash alternatives to any offer.
16.4 We reserve the right to end any offer at any time, without notice.
16.5 All offers apply whilst stocks last.
16.6 All Advantage Card points are awarded in line with the product price and do not include charges for delivery.