COLORFOTO LTD TERMS AND CONDITIONS

The terms laid out below govern the relationship between you as a user ("you or user") and Colorfoto 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 the Colorfoto Ltd for the purchase of photographic prints ("Prints") made from digital files supplied by participating photographers.

1.1 Legal Document

Please read these Purchase Terms carefully because they form a legal document. By submitting an order to the Colorfoto Ltd system, you agree to be bound with Colorfoto 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

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 that, it is applicable. In this case, you agree that, by you agreeing to these Purchase Terms with Colorfoto Ltd, 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 Colorfoto Ltd in respect of your use of the Service and the supply by Colorfoto Ltd of your Prints.

2. Purchase Terms

2.0 Display

By the display and description of this Service, Colorfoto 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 Colorfoto 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. Colorfoto Ltd notifies you by e-mail that your Order for Prints has been accepted and Colorfoto Ltd agrees to supply the Prints to you, provided that you have supplied Colorfoto 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. This should be immediate.
 
2.2 Loss or Damage

Colorfoto Ltd will not be responsible for any consequential loss or damage, howsoever arising, as a result of a failure, refusal or inability by Colorfoto Ltd to fulfil an Order.

3. Price and Specification of Prints

3.1 Prices and Taxes

All prices quoted include United Kingdom Value Added Tax ("VAT"), at the applicable rate from time to time. There is a separate VAT inclusive postage and packaging charge and this is listed with the price and specification of Prints. The total cost is the "Purchase Price". Colorfoto Ltd 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 Tax Free

If by nature of where you live you are able to purchase prints free of tax, or are able to reclaim tax, you must contact Colorfoto Ltd before you make your purchase. Once an order has been placed, and payment made, Colorfoto Ltd cannot enter into any correspondence or dialogue regarding tax issues.

3.3 Change

All Purchase Prices and specifications of Prints are subject to change without notice, except where Colorfoto 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. Secure credit card payment via a Credit Card Authorisation Bureaux chosen by Colorfoto Ltd, this is currently Paypal.
b. Cheque or Postal Order sent with an order for prints by post, to Colorfoto Ltd, at Image House, East Tyndall Street, Cardiff Bay, Cardiff, CF24 5EF.
Colorfoto Ltd retain the right to check with your card provider and/or any credit reference agency or bank to confirm whether or not you are able to pay the Purchase Price. Colorfoto 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 specified of your Order being accepted by Colorfoto Ltd, pursuant to Clause 2.1 above, unless an alternative timeframe is notified to you by Colorfoto Ltd, prior to the expiry of a 4 working day period.

4.1 Estimate

Notwithstanding Clause 4.0, the time of delivery is an estimate only and Colorfoto 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 Colorfoto Ltd, within 14 days of receipt by you. In those circumstances, Colorfoto 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 Colorfoto Ltd, in accordance with Clause 5.0, and Colorfoto Ltd, can demonstrate that they were not faulty when received by you, Colorfoto Ltd, reserves the right to return the Prints to you and to claim the cost of such return postage from 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. Colorfoto Ltd's Responsibilities

7.0 Security

Colorfoto Ltd undertakes to use commercially reasonable endeavours 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 endeavours to ensure that any Colorfoto Ltd suppliers, subcontractors or agents comply with this Clause.

7.1 Response

Colorfoto Ltd will use reasonable endeavours 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 Colorfoto 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

Colorfoto Ltd reserves the right, at its sole discretion, to suspend or alter the operation of the Service for legal, technical or any other reason. Colorfoto 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 Colorfoto Ltd's Credit Card Authorisation Bureau 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 Colorfoto 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 Colorfoto Ltd 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 Colorfoto Ltd or its contracted photographers. 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 Colorfoto 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, Colorfoto 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 Colorfoto Ltd forthwith, without notice to you.

8.5 Privacy

Personal data provided to Colorfoto 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 Colorfoto 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 Colorfoto Ltd, Colorfoto Ltd's contractors or participating photographers, Colorfoto 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.

9.1 Control of Images

Although Colorfoto Ltd prohibits the uploading of certain types of image to the web site, they cannot directly control the images that are uploaded by the participating photographers. It is possible that images may appear on the web site, which are unlawful or offensive. Colorfoto Ltd cannot accept any liability for any such images or material. If you become aware of any such images or material on the web site that are unlawful or may cause offence, you should contact Colorfoto Ltd without delay and they will take the matter up with the image owner.

9.2 Not Liable

Colorfoto 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

Colorfoto 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

Colorfoto 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. Colorfoto Ltd may do this at any time and without notice.

11. Notices

11.0 Legal Notices

You may send a legal notice to Colorfoto Ltd, or any questions you may have concerning these Purchase Terms, by e-mail to justin@daviescolour.co.uk, or by writing to Colorfoto Ltd, at Image House, East Tyndall Street, Cardiff Bay, Cardiff, CF24 5EF. Such notices will be effective within 3 days of receipt by Colorfoto Ltd.

11.1 Give Notice

Colorfoto Ltd may give notice to you by general notice on its web site, www.daviescolour.co.uk by e-mail to your e-mail address on record with Colorfoto Ltd, or by post to the geographical address on record with Colorfoto Ltd. Such notice will be effective if sent by e-mail or posted on Colorfoto Ltd'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 Colorfoto 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 Colorfoto 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

Colorfoto 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 Colorfoto Ltd site. Colorfoto 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 Colorfoto Ltd's posting of such changes will be regarded by Colorfoto 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 Colorfoto 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 Colorfoto 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 Colorfoto Ltd, Colorfoto 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 Colorfoto Ltd has no responsibility for any information, software, services or other materials accessed or obtained by you using the Internet.

13.6 No Representation

Colorfoto Ltd makes no representation that any Prints purchased using the Colorfoto Ltd 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 non-exclusive jurisdiction of the English Courts.