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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

2.0 Display

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 met:

a. You have submitted an offer to buy certain Prints ('Order') using the order facility provided; and

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 automatically.

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 an Order.

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".

3.3 Change

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.

3.4 Payment

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

4.0 Delivery

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 order.

4.1 Estimate

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

5.0 Returns

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

6.0 Duration

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.

6.1 Termination

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 either party.

7. Van Cols Ltd

7.0 Security

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.

7.1 Response
Van Cols Ltd will use reasonable endeavors to respond to your Order within the stated time.

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.

8.3 Copyright

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.

8.4 Indemnify

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.

8.5 Privacy

Personal data provided to Van Cols Ltd through this web site will only be used in accordance with our Privacy Policy. Please read through this carefully before proceeding. By providing your personal data you are consenting to its use in accordance with the privacy policy.

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 misrepresentation, 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.

10. Operation of the web site

10.0 Changes

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.

10.1 Terminate

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. Notices

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 customerservice@getphotos.co.uk, 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. General

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.