|
1. PPE Purchase Terms
1.1 These purchase terms ("Purchase Terms") comprise a binding contract between you as an authorised user ("Authorised User" or "you") of the Penmans Photo Express Service ("Service") and Penmans Photo Express ("PPE") for the purchase of photographic prints ("Prints") printed from digital photos uploaded to PPE via the internet.
1.2 Please read these Purchase Terms carefully because they form a legal document. By submitting an order you agree to be bound with PPE by these Purchase Terms. If you do not wish to accept these Purchase Terms, you should not submit an order.
1.3 These Purchase 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 provision of your Local Law. You agree that, agreeing to these Purchase Terms with PPE, you waive any consumer rights you have which are capable of being waived under your Local Law and that these Purchase Terms are the only terms and conditions that apply between you and PPE in respect of your use of the Service and the supply by PPE of your Prints.
2. Terms of Purchase
2.1 By the display and description of this Service, PPE does not agree to process your order and supply your Prints at the prices specified, or at all.
2.2 These Purchase Terms will not form a binding contract between you and PPE for the purchase and supply of the Prints until the following conditions have been met:
(a) you have submitted your offer to buy certain Prints ('Order') using the order facility provided; and
(b) PPE notifies you by e-mail that your Order for those Prints has been accepted and PPE agrees to supply the Prints to you.
2.3 For the avoidance of doubt, except as set out in Clause 5.1 you do not have a right to cancel your Order for Prints after PPE has provided its notice of acceptance to you in accordance with Clause 2.2 above.
2.4 PPE will not be responsible for any loss or damage, howsoever arising, as a result of a failure, refusal or inability by PPE to fulfil an Order.
3. Price and Specification of Prints
3.1 All prices quoted include 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". PPE 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.
3.2 All Purchase Prices and specifications of Prints are subject to change without notice to you, except where PPE has accepted your Order and agreed to deliver the Prints to you in accordance with Clause 2.2.
3.3 The Purchase Price payable for use of the Service must be paid in advance. The Purchase Price is paid by credit 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.
4. Delivery of Prints
4.1 All Prints will be delivered to you at the address given by you during the registration process, within 5 working days (all other products within 10 working days) of your Order being accepted by PPE pursuant to Clause 2.2 above, unless an alternative timeframe is notified to you by PPE prior to the expiry of the delivery period.
4.2 Notwithstanding Clause 4.1, the time of delivery is an estimate only and PPE shall not be liable for any late delivery of the Prints or any loss or damage caused as a result.
5. Returns Policy
5.1 In the event that the Prints are damaged or defective when you receive them, or do not match the description specified in this Service, you are entitled to send the Prints back to PPE within 14 days of receipt by you. In those circumstances, PPE will provide a full refund of the Purchase Price together with the return postage and packing after it has received the Prints from you.
5.2 In the event that you return any Prints to PPE in accordance with Clause 5.1, and PPE can demonstrate that they were not faulty when received by you, PPE reserves the right to retain the Purchase Price, return the Prints to you and to claim the cost of such return postage from you.
6. Duration of Purchase Terms and Termination
6.1 These Purchase Terms are binding upon you immediately you accept them in accordance with Clause 2 and they will remain in force until both parties have performed their obligations under these Purchase Terms or either party breaches its obligations under these Purchase Terms.
6.2 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.
7. PPE's Responsibilities
7.1 PPE undertakes to use commercially reasonable endeavours to prevent breaches of security of the Service (including your credit card details provided by you when you submit an Order for any Prints), and to use reasonable endeavours to ensure that any PPE suppliers, subcontractors or agents (collectively, "PPE Contractors") comply with this Clause 7.1.
7.2 PPE will use reasonable endeavours to respond to your Order within a reasonable length of time.
7.3 The service is provided on an "as is" and "as available" basis, and PPE makes no representation or warranty that the Service offered will be accessible, or useable by you, or error free.
7.4 PPE reserves the right without notice to you, to suspend or alter the operation of the Service, at its sole discretion or for legal or technical reasons. PPE 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.
8. Your Responsibilities
8.1 You agree that you are responsible for the security and use of any user names or passwords needed to access the Service 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 Service using your user name or password.
8.2 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 PPE.
8.3 You warrant that all information given by you in your registration or use of this Service is accurate and not misleading and that you will not use this Service:
(a) for any fraudulent or illegal purposes;
(b) for the transmission or posting of any computer viruses or any material which is defamatory, 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
(c) in a manner which constitutes a violation or infringement of any right of person, firm or company (including but not limited to rights of copyright or confidentiality).
8.4 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.
8.5 You acknowledge that all copyright, trademarks and all other intellectual property rights in any part of the Service or any material supplied as part of the Service belongs to us or our licensors. You acknowledge that you are permitted to use the Service only as expressly authorised by us pursuant to these Purchase Terms.
8.6 You agree to indemnify PPE against any claims, costs, expenses or legal proceedings caused as a result of your use of this Service in contravention of this Clause 8. Further, in these circumstances, PPE shall be entitled to treat the contravention as a material breach of these Purchase Terms and terminate the Purchase Terms, cancel any pending orders for Prints made by you and terminate any access permission granted to you by PPE forthwith, without notice to you.
8.7 You are advised to read our Privacy Policy.
9. Limitation of Liability
9.1 PPE does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of PPE, its employees, or PPE Contractors, and the remainder of this Clause 9 shall not apply to such liability.
9.2 To the extent that PPE is deemed by a court of competent jurisdiction, to have any liability to you in contract, tort (including negligence) or otherwise in relation to the Service or any Prints supplied by PPE or PPE's Contractors, PPE's entire liability shall be limited to £500 for any one incident or series of related incidents and up to £1,000 for all incidents in any period of 12 months.
9.3 PPE shall not be liable to you in contract, tort, negligence (other than fraudulent or negligent misrepresentations) or otherwise for: (a) any economic loss, (including without limitation, loss of revenue, business, contracts, profits or anticipated savings); (b) any loss of goodwill or reputation; (c) any loss of data; or (d) any special, indirect or consequential loss.
9.4 The express terms of these Purchase Terms are in lieu of all warranties, conditions, undertakings, terms, and obligations implied by statute, common law, usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
10. Notices
10.1 You may send a legal notice to PPE, or any questions you may have concerning these Purchase Terms, by e-mail to our , or by writing to us at, Penmans Photo Express, 72 hight St., Johnstone, PA5 8SG. Such notices will be effective within 3 days of receipt by PPE.
10.2 PPE may give notice to you by general notice on its web site, PPE.com, by e-mail to your e-mail address on record with PPE, or by post to the geographical address on record with PPE. Such notice will be effective if sent by e-mail or posted on PPE'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 PPE.
11. Third Parties
Nothing in these Purchase 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 Purchase Terms.
12. General
12.1 These Purchase Terms form the entire agreement between you and PPE and supersede any other oral or written communications, agreements or representations with respect to your use of this Service.
12.2 PPE reserves the right to add to or change the terms of these Purchase Terms in its sole discretion without prior notice to you. All changes to the Purchase Terms will be effective once posted on the Service. PPE will provide notice of the changes to the Purchase Terms for (30) days after posting the amended Purchase Terms on the Service. Your continued use of the Service and submission of any Order in accordance with Clause 2.2.1 above following PPE's posting of such changes will be regarded by PPE as acceptance of the amended Purchase Terms. If you do not agree to be bound by the amended Purchase Terms, you should exit the Service and not access the Service or submit any Orders for Prints to PPE.
12.3 Nothing in these Purchase Terms affects your statutory rights as a consumer.
12.4 If any part of these Purchase Terms are held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these Purchase Terms will not be affected.
12.5 If PPE is unable to perform any obligation under these Purchase 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 PPE, PPE will have no liability for that failure to perform.
12.6 Your use of the Internet is solely at your risk and subject to all applicable laws, and PPE has no responsibility for any information, software, services or other materials accessed or obtained by you using the Internet.
12.7 Unless otherwise specified elsewhere in this Service, all Prints will only be delivered to those Authorised Users who are located in the United Kingdom. PPE makes no representation that any of the Prints are appropriate for use, or available, in any other locations Unless otherwise specified elsewhere in this Service, those who choose to access this Service from any location outside the UK are solely responsible for compliance with Local Law if, and to the extent it is applicable.
12.8 If you have a complaint about this Service, please send it to us in writing to the address set out in Clause 10.1 above.
12.9 These Purchase Terms are governed by the laws of Scotland, and subject to the non-exclusive jurisdiction of the Scottish Courts.
|
