Terms and Conditions
Including Delivery, Return, Refund and Cancellation Policy
Getphotos.co.uk, is an Internet based web album and photographic sales system operated
by Van Cols Ltd, ("we" or "us") of Van Cols Ltd, The Old School,
School Lane, Great Horkesley, Colchester, Essex, and laid out below are the terms
and conditions of use for the Service. The web site may only be used in accordance
with these terms.
The terms laid out below govern the relationship between you as a user ("you
or user") and Van Cols Ltd. The web site and the services provided through
the web site, can only be used if you agree to these terms.
1. General Terms
1.0 Purchase Terms
These purchase terms ("Purchase Terms") comprise a binding contract between
you as a user of Van Cols Ltd for the purchase of photographic prints ("Prints")
made from digital files supplied by Van Cols Ltd employed photographers.
1.1 Legal Document
Please read these Purchase Terms carefully because they form a legal document. By
submitting an order to the Van Cols On Line system, you agree to be bound with Van
Cols Ltd by these Purchase Terms. If you do not wish to accept these Purchase Terms,
you should not submit an order.
1.2 Local Law
UK Law governs all Terms and Conditions applied only.
2. Purchase Terms
By the display and description of this Service, Van Cols Ltd does not necessarily
agree to process your order and supply your Prints at the prices specified.
2.1 Binding Contract
These Purchase Terms will not form a binding contract between you and Van Cols Ltd
for the purchase and supply of the Prints, until the following conditions have been
a. You have submitted an offer to buy certain Prints ('Order') using the order facility
b. Van Cols Ltd notifies you by e-mail that your Order for Prints has been accepted
and Van Cols Ltd agrees to supply the Prints to you, provided that you have supplied
Van Cols Ltd with an e-mail address for the reply. If you fill in the e-mail field
when you make an order, you will receive a confirmation by e-mail.
If you do not fill in the e-mail field it is quite possible that you may receive
your prints before the order confirmation, as our order fulfillment system works
2.2 Loss or Damage
Van Cols Ltd will not be responsible for any consequential loss or damage, howsoever
arising, as a result of a failure, refusal or inability by Van Cols Ltd to fulfill
3. Price and Specification of Prints
3.1 Prices and Taxes
All product prices quoted include VAT. There is a separate VAT inclusive postage
and packaging charge and this is listed as Postage and Packing. The total cost is
the "Purchase Price".
All Purchase Prices and specifications of Prints are subject to change without notice,
except where Van Cols Ltd has accepted
your Order and agreed to deliver the Prints to you in accordance with Clause 2.1.
The Purchase Price payable for photographic prints must be paid in advance by:
a. Credit card or Debit Card through our on line service
b. Cheque or Postal Order sent with an order for prints by post, to Van Cols Ltd,
The Old School, School Lane, Great Horkesley, Colchester, Essex, CO6 4BN
Van Cols Ltd retains the right to check with your card provider and/or any bank
to confirm whether or not you are able to pay the Purchase Price. Van Cols Ltd has
the right to refuse your order at their discretion.
4. Delivery of Prints
All Prints will be delivered to you at the address given during the order process,
within the service time frame of max 28 days from time of Van Cols Ltd receiving
Notwithstanding Clause 4.0, the time of delivery is an estimate only and Van Cols
Ltd shall not be liable for any late delivery of the Prints or any consequential
loss or damage caused as a result.
5. Returns Policy
In the event that the Prints are damaged or defective when you receive them, or
do not match the description specified in the Service, you will be entitled to return
the Prints to Van Cols Ltd, within 14 days of receipt by you. In those circumstances,
Van Cols Ltd will either reprint the photographs or provide a full refund of the
Purchase Price, together with the return postage and packing.
5.1 Not Faulty
In the event that you return any Prints to Van Cols Ltd, in accordance with Clause
5.0 and Van Cols Ltd can demonstrate that they were not faulty when received by
you, Van Cols Ltd, reserves the right to return the Prints to you.
6. Duration of Purchase Terms and Termination
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.
Termination in accordance with this Clause 6.0 shall not prejudice or affect any
right of action or remedy, which shall have accrued or shall thereafter accrue to
7. Van Cols Ltd
Van Cols Ltd undertakes to use commercially reasonable endeavors to prevent breaches
of security of the Service (including the credit card details provided by you when
you submit an Order for any Prints), and to use reasonable endeavors to ensure that
any Van Cols Ltd suppliers, subcontractors or agents comply with this Clause.
Van Cols Ltd will use reasonable endeavors to respond to your Order within the stated
7.2 'As Is'
The service is provided on an 'as is' and 'as available' basis, and Van Cols Ltd
makes no representation or warranty that the Service offered will be accessible,
or useable by you, or error free.
7.3 Suspend or Alter
Van Cols Ltd reserves the right, at its sole discretion, to suspend or alter the
operation of the Service for legal, technical or any other reason. Van Cols Ltd
will give as much notice as possible prior to taking any of the actions described
in this Clause, but prior notice may not always be feasible.
8. User's Responsibilities
8.0 Authorised Owner
You warrant that you are at least 18 years old and are the proper authorised owner
of the credit card, details of which you supply to Van Cols Ltd Credit Card Authorisation
site when using the System.
8.1 Accurate Information
You warrant that all information given by you in your 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. You agree that you will
be liable for any action taken against Van Cols Ltd 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.
8.2 Personal Use
You confirm that all pictures purchased using the Getphotos.co.uk Service are
purchased strictly for your own personal use. If you wish to use any picture within
the system for any other purpose, you agree to contact the individual photographer
to negotiate terms. An e-mail link is provided within the system to facilitate this.
You acknowledge and accept 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 Van Cols Ltd. You agree not to remove any copyright, trademark
or any other intellectual property notices contained in the original material and/or
from any prints purchased through the service.
You agree to indemnify Van Cols Ltd against any claims, costs, expenses or legal
proceedings caused as a result of your use of this Service in contravention of Clause
8.1. Further, in these circumstances, Van Cols Ltd 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 Van Cols Ltd forthwith, without notice to you.
Personal data provided to Van Cols Ltd through this web site will only be used in
By providing your personal data you are consenting to its use in accordance with
9. Limitation of Liability
9.0 Limit of Liability
To the extent that Van Cols Ltd is deemed by a court of competent jurisdiction,
to have any liability to you in relation to the Service or any Prints supplied by
Van Cols Ltd, Van Cols LTd’s contractors or participating photographers, Van
Cols Ltd 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.
9.2 Not Liable
Van Cols Ltd shall not be liable to you, other than through fraudulent or negligent
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.
10. Operation of the web site
Van Cols Ltd may at its discretion change the format and content of the web site,
or any products or services offered, at any time without notice.
Van Cols Ltd may suspend or terminate the operation of this web site, or suspend
or terminate provision of any products or services offered, for support, maintenance
work, in order to update the content or for any other reason. Van Cols Ltd may do
this at any time and without notice.
11.0 Legal Notices
You may send a legal notice to Van Cols Ltd, or any questions you may have concerning
these Purchase Terms, by e-mail to email@example.com, or by writing to Van Cols Ltd,
The Old School, School Lane, Great Horkesley, Colchester, Essex, CO6 4BN. Such notices
will be effective within 3 days of receipt by School Pictures International.
11.1 Give Notice
Van Cols Ltd may give notice to you by general notice on its web site,
www.getphotos.co.uk by e-mail to your e-mail address on record with
Van Cols Ltd, or by post to the geographical address on record with Van Cols Ltd.
Such notice will be effective if sent by e-mail or posted on Van Cols Ltd 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 Van Cols Ltd
12. Third Parties
12.0 Third Party Rights
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.
13.0 Entire Agreement
These Purchase Terms form the entire agreement between you and Van Cols Ltd and
supersede any other oral or written communications, agreements or representations
with respect to your use of this Service.
13.1 Change of Terms
Van Cols Ltd reserves the right to add to or change the terms of these Purchase
Terms in its sole discretion without prior notice. All changes to the Purchase Terms
will be effective once posted on the Getphotos.co.uk site. Van Cols Ltd 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 2.1 above following Van Cols Ltd posting of such changes will be regarded
by Van Cols Ltd 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 Van Cols Ltd.
13.2 Statutory Rights
Nothing in these Purchase Terms affects your statutory rights as a consumer.
13.3 Court Ruling
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.
13.4 Beyond Control
If Van Cols Ltd 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 Van Cols Ltd. Van Cols Ltd
will have no liability for failure to perform the Service.
13.5 At Own Risk
Your use of the Internet is solely at your own risk and subject to all applicable
laws and Van Cols Ltd has no responsibility for any information, software, services
or other materials accessed or obtained by you using the Internet.
13.6 No Representation
Van Cols Ltd makes no representation that any Prints purchased using the Van Cols
Ltd On Line service are appropriate for your use, or available, in any other locations.
13.7 Laws of England
These Purchase Terms are governed by the laws of England, and subject to the exclusive
jurisdiction of the English Courts.