Terms and Conditions

Welcome to our Internet printing service.

Welcome to the Internet printing service, the terms of which are detailed below. Acceptance of these terms is mandatory for the use of this service. If you have any questions regarding these terms and condition please contact us via e-mail.

1) Definitions
In these Terms and conditions we use these expressions, which have the following meanings (unless otherwise stated):
The ‘Services’ means the The Photo Studio Printing services.
The ‘Content’ means all the photos, words and other material displayed on the Website.
The ‘Member’ means any user of the system.
‘We’ means ‘www.photostudio-tewkesbury.co.uk’ (the website), The Photo Studio (Tewkesbury) Ltd (the business).

2) Use of the Services
You will not use the Services for any of the following purposes;
(a) any purposes whatsoever which are unlawful, which might encourage conduct constituting a criminal offence, or which might constitute or give rise to the misleading or deception of any person;
(b) any purposes which are abusive, threatening, harmful, vulgar or obscene or which may constitute or encourage harassment or be otherwise objectionable.
(c) Any use of material that contains any contaminating or destructive codes such as viruses, worms, ‘Trojan horses’ or any other similar features.
(d) Any spamming (unsolicited junk mail), chain letters or other use that may otherwise disrupt the Services or the networks through which you access and use the Services.
(e) Use of any copyrighted material without the express permission of the copyright holder.
(f) To gain or attempt to gain unauthorised access to any servers controlled by us, or decompile, reverse engineer or disassemble any software used in connection with this Website, which for the avoidance of doubt includes any hacking.

We shall decide, at our discretion, whether your use of the Services constitutes any breach of the above restrictions. We reserve the right to refuse to print photo images, data or files that we learn may be illegal, may breach the above terms of use, may violate the rights of any third party or otherwise may be reasonably objectionable, although we have no obligation to do so. You confirm that we shall not be liable to you or to be objectionable, although we have no obligation to do so. You confirm that we shall not be liable to you or to any third party as the result of any such refusal, or removal. For the avoidance of doubt, you are responsible for keeping back-up copies of any of your Images.

3) Use of third party websites and software
We may make software owned or operated by third-party companies available to you. You must only use this software in accordance with the terms and conditions imposed by the third-party provider. We may provide links to third-party sites that might be of interest to you. We have no control over the content or availability of the content of these sites. It is your responsibility to become familiar with each site’s privacy and other policies and terms of service, and to contact that site’s Webmaster or site administrator with any concerns. We have no control over and will accept no responsibility or liability for the material on any website not under our direct control or jurisdiction. Your correspondence or participation in promotions, or business dealings with advertisers found on or through the system, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, or as the result of the presence of such advertisers on or through the Services.

4) Copyright
There are copyright laws to prevent people from reproducing images and photographs unless they own the copyright or are authorised by the copyright owner. In the simplest terms, the copyright owner is the person who created the image or took the photograph. You agree to only have uploaded via our store or upload at home (as applicable) images and photos in which the copyright is vested in you. You agree not to infringe the rights of any third party putting these images and photos on the Website. In order for us to make your photos available to you as prints, you grant us the right to reproduce them. You understand that we are unable to provide you with permission to Print, Reproduce photos or images belonging to others. You are solely responsible for any copyright violations that you may incur as a result of your activities on the system. If you believe that any images or prints have been copied in a way that constitutes copyright infringement, we have a process in place to respond to your concerns.

5) Acceptance of orders
We accept all orders for products and Services, subject to availability and which are in accordance with the use of the Services stated in these Terms and conditions. All credit and charge card orders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay in delivery or non-delivery. Payment will be debited from your account before your purchase is dispatched.

6) Restrictions on images
You are not allowed to upload, to us or order prints of any images or other material which contain, pornographic or obscene images, racist images & material that is likely to incite hatred against any person or group, blasphemous or defamatory or other such images. Images of any criminal act and material the use or inclusion of which infringes any copyright, trademark or other intellectual property right of any third party, We may at our discretion contact law enforcement authorities if we believe that anything unlawful is occurring or has occurred in relation to the web site (including the uploading or emailing of any images in breach of the above restrictions). We may provide copies of any relevant images or material to the law enforcement authorities and in that connection may also give them access to any personal data that is held by us. We may without notice and at our sole discretion delete or remove any image that has been uploaded, emailed or submitted for printing in breach of these terms. We may refuse to provide any further services to anyone who breaches these terms.

7) Delivery of orders
We will endeavour, but we are under no obligation, to deliver your order within the time stated on this service. All time periods refer to working days and do not include weekends and bank holidays (weekends are Saturdays and Sundays). We accept no liability for loss or damage suffered due to delivery after the time stated on the Website or non-delivery, whether this loss is caused by us or by a third party.

We will deliver to the address you notify to us when you place your order. We accept no responsibility for the accuracy of the delivery address you notify to us when you place your order, and you agree that we are not responsible for the delivery of envelopes to the wrong address if you have incorrectly supplied this address. We reserve the right to dispose of incorrectly addressed envelopes and their contents if they are returned to us, without the obligation to refund you or any other person.

8) Your Right To Cancel
You may cancel your order (once uploaded to us) for any reason up to the point of production within the lab. If you do cancel the contract before this point any payments made by you will be refunded in full within 30 days. Contact us via the contact details on the confirmation e-mail.

9) Returns Policy
If you are not entirely delighted with the products that you have chosen you may contact us within 4 days of receipt. We will be happy to reprint your order or, at our option, a refund provided that the products are returned complete. Please note that image quality is dependant on the quality of files transmitted.

For all returns, you will be required to arrange and pay for the return of the products to us. To return any products to us, please contact us via the contact details on the order confirmation e-mail or delivery note before dispatching goods back to us. Ensure you enclose your delivery note, which will come with your order. Please clearly list all items you are not happy with and the reason you would like a refund. Pack the items back in to the parcel, with a copy of the delivery receipt and send back to the contact details on the order confirmation e-mail or delivery note

When returning items you are strongly recommended to obtain proof of posting. We cannot accept responsibility for parcels lost in transit. We will only refund or provide an exchange for the costs of postage where the item returned is at fault due to a printing or packaging error.

10) Payment and Taxes
We accept online payment via paypal. All prices quoted on this website are accurate at the time of publication and are quoted in pounds sterling (£) and are exclusive of UK sales tax (VAT)

11) Price information
All prices displayed online are correct at the time when they are posted on the system, and are valid until altered by the Photo Studio.

12) Print quality
You hereby acknowledge that you understand that the quality of any prints we produce is dependent upon the quality of the original print, negative, print or digital file. Due to limitations in the printing process and the various media that we produce an image on, it is not possible to guarantee 100% density/colour matching. For the best results we require a sample for colour matching. Where no samples are supplied we will use our best judgement. We will charge for any reprinting of work where a sample is not supplied for reference. All sizes quoted are nominal, we will endeavour to contact you if a file size or shape is not suitable for a finished result that was requested for any order. We cannot be held responsible for any resulting delay in completing the order. It is deemed to be understood that any submission of digital content or image to us, or any download/upload is carried out at your own risk and that the customer is solely responsible for any loss or damage to any data or system. The customer is responsible for making backups of data/digital images.

13) Disclaimers

(a) Maintenance of content
we accept no responsibility or liability for the deletion or failure to store any messages and other communications or other content. For the avoidance of doubt, you are responsible for keeping back-up copies of any of your data/Images. Any material or software downloaded or otherwise obtained through the use of Services available from the system is used at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. We have taken every care in the preparation of the content of this system. To the extent permitted by applicable law, we disclaim all express and implied warranties as to the accuracy of the information contained in all materials on this Website, and shall not be liable to any person for any loss or damage which may arise from its use. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content uploaded, emailed or otherwise transmitted via the Services.

we may modify or discontinue, temporarily or permanently, any part of the Services, with or without notice to you, and you confirm that we shall not be liable to you or to any third party for any modification to, or discontinuance of, any part of the Services. Any liability we may have to you shall be limited to the reprinting of the images and any charges paid (if any). Our exclusions of liability shall not apply to any damages arising from death or personal injury caused by our negligence or that of any of our employees or agents. Unless otherwise specified, the Content on this system is directed at those who access this system from the United Kingdom. The Photo Studio Ltd.  makes no representation that any product referred to in the materials on this system is appropriate for use, or available, in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable. These Terms and conditions do not and shall not affect your statutory rights as a consumer.

(b) Credit card payment
we will take all reasonable care to keep the details of your order and credit card information secure. Unless a member of our staff has been fraudulent or negligent, we will not be liable for any losses you may suffer as a result of unauthorised access by a third party to the information you transmit when you order products or Services from us. It is your responsibility to ensure the security of your credit card details, to avoid unauthorised use of your ‘photo studio’ account and credit card/paypal account.

14) Intellectual property
All brand names, product and service names, titles and copyrights, and any other intellectual property rights used in this site are the trademarks, trade names, service marks, copyrights or other intellectual property of their respective holders. Photo Studio  Ltd expressly reserves any intellectual property rights it may have in or relating to this Website. ‘The Photo Studio’ gives no permission for their use by any person other than such holders, and such use may constitute an infringement of the holders’ rights..

15) Indemnity
You agree to indemnify us and our associated companies, officers, agents, co-branders or other partners, and employees, from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of content you submit, post to or transmit through the Services, your use of the Services, your connection to the Service, your violation of these Terms and conditions, or your violation of any rights of another.

16) Third party liability
No person who is not a party to this agreement shall have any rights under The Contracts (Rights of Third Parties) Act 1999 to enforce or rely upon any provision herein.

17) Data Protection And GDPR
In accordance with the Data In accordance with the UK Data Protection Law, we will hold and process your personal data in order to provide the information you have requested from us. We are registered with the Information Commissioners Office. The information collected is done in accordance with Data Protection Act 1998 and the new GDPR coming into force on May 25th 2018. We require certain information from you to complete your order. We will not pass this information to anyone else. This information may include Name, address, contact numbers and email address. You need to make us aware of any change of these details. We are able to supply a copy of any information that we may hold about you. Please contact nicholasjones@photostudio-tewkesbury.co.uk. Should you wish us to delete any information we hold about you please contact us. We normally keep any digital images for no more than 30 days, should you wish to obtain further products. Please notify us at time of order if you do not wish this to happen.

18) Cookies
A cookie is a small file transmitted between server software and the browser on your computer, that many sites use to make browsing or shopping online easier. This information is stored on your computer’s hard drive. From time to time we may use cookies to enhance your experience on this Website.

19) Governing law
English law shall govern these Terms and conditions. You hereby irrevocably submit to the exclusive jurisdiction of the English courts.

20) Queries
Any queries or comments about our Services should be directed to us via email on our ‘Contact us’ section of this site, a link to which you will find on the top navigation bar of the Website. We will endeavour to respond to your email within 48 hours of the email being received by the Photo Studio staff.

© 2018 THE PHOTO STUDIO, 22 High Street, Tewkesbury, Gloucestershire. GL20 5AL Tel: 01684 298479 company number 4656482