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Terms and Conditions

The website, software, app and products available to order on this website, software and or app are operated by CEWE Limited. By using this website, software and or app and purchasing products you are transacting with CEWE Limited on the following Terms and Conditions.

CEWE Ltd Online Photo Service: Terms and Conditions

1. Terms and Conditions

1.1 These terms and conditions (“Terms”) (together with any documents to which reference is made) govern the online photo service (“Services”) and the delivery of associated products, all as described on this website. Please read these terms and conditions carefully before ordering the Services from this website.

1.2 By ordering the Services, you agree to be bound by these Terms. You should print a copy of these Terms for future reference.

1.3 Please select the checkbox marked “Accept” at the end of these Terms if you accept them. Please understand that if you refuse to accept these Terms, you will not be able to order the Services from this website.

1.4 These Terms may have changed since you last reviewed them. We therefore recommend that you read these Terms each time you order the Services.

2. Information About Us

2.1 The Service is provided by us, CEWE Limited (registered in England under number 00485715 with a registered office at Unit 4 Spartan Close, Titan Business Centre, Tachbrook Park, Warwick, Warwickshire, CV34 6RR). We can be contacted by telephone on 01926 456983 or by email on gordons@cewe.co.uk. Our VAT number is GB 765342911.

2.2 We may sub-contract the provision of the Services or any part of them at our discretion.

3. The Service

3.1 The Services enable you to upload your own photographic images (“Images”) which we (or our agents and subcontractors) will store digitally so as to enable you to order photographic products or photo gifts made from your Images (“Photographic Products”) to be delivered to you at an address in your country of residence being one of the serviced countries as identified on this website (“Serviced Countries”), in this case the UK. We may also store your Images digitally to enable you to share them through the photo album service (“Photo Album”).

3.2 Our site is only intended for use by people resident in the Serviced Countries. The Services are available only to you if you are over 18 years of age, resident in one of the Serviced Countries and accessing the website from that country, and capable of forming legally binding contracts.

3.3 We make no representation that the Services are appropriate or available for use outside of the Serviced Countries. In the event that you access the Services from a location outside the Serviced Countries, you are solely responsible for compliance with local law insofar as it may be applicable. IF YOUR USE OF THE SERVICES OR VIEWING OF THIS WEBSITE IS IN ANY WAY CONTRARY TO ANY APPLICABLE LAW IN ANY COUNTRY OUTSIDE THE SERVICED COUNTRY IN WHICH YOU ARE RESIDENT, YOU ARE NOT ENTITLED TO USE THE SERVICES AND MUST EXIT THIS PART OF THE SITE IMMEDIATELY.

3.4 We reserve the right to make changes or corrections, alter, suspend or discontinue any part of the Services, or their description as appears on this website, or the basis on which you may use the Services. We may do this due to, for example, a change in law and regulatory requirements or to make minor technical adjustments.

3.5 A product's true colour may not exactly match that shown on your device or its packaging may be slightly different.

3.6 Unless we expressly state to the contrary, any new features or enhancements of the Services or offer of availability or provision of other services or resources, shall be subject to these Terms.

4. Placing an Order for the purchase of Photographic Products

4.1 Details of our prices for the Photographic Products, and the procedures for payment are displayed on this website. These prices are subject to amendment from time to time.

4.2 By placing an order for the Services (“Order”), you are making an offer to buy the Photographic Products that you specify in the Order. If we accept your Order, we will confirm acceptance to you by email (“Confirmation”) to the email address you have given us on transmitting the Order.

4.3 Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because you are located outside the Serviced Countries or because the product is mispriced.

4.4 If we cancel your Order or any part of it, we will notify you by e-mail and refund any monies already paid by you in accordance with our refund policy set out in section 8 below.

5. Price and Payment

5.1 You must pay in full by credit or debit card or by Paypal in advance when you submit your Order by email. Payment will be collected at the time of placing this Order.

5.2 The price of your Photographic Products is the price in force at the date and time of you placing your Order, as set out on this website, inclusive of the costs of packing and delivery and, subject to clause 5.3 below, inclusive of VAT (or other prevailing sales tax at the current rate). We may change any of these prices at any time before your Order has been accepted. We make every effort to ensure that prices indicated on this website are accurate, but the price on your Order shall be validated by us as part of the acceptance procedure under paragraph 4.2 above.

5.3 We deliver Photographic Products to the Serviced Countries, but where your Photographic Products are delivered outside the United Kingdom, the price is exclusive of any local sales taxes or customs or import duties, which may apply. We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

5.4 You warrant that all details you provide to us for the purpose of purchasing the Photographic Products, including the details of your credit or debit card, will be correct, that the credit or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of your purchase. We reserve the right to obtain confirmation of the validity of your credit or debit card details from any relevant financial services provider or credit reference agency.

5.5 If the rate of VAT (or other prevailing sales tax) changes between the date of your Order and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the rate of VAT takes effect.

6. Consumer Rights

6.1 Except as set out further below in Clause 6.2, you may change your mind and cancel an Order at any time within fourteen days, beginning on the day after you received the Photographic Products set out in your Order. In this case, you will receive a full refund of the price paid for the Photographic Products in accordance with our refunds policy (set out in paragraph 8 below).

6.2 PLEASE NOTE THAT YOU MAY NOT CHANGE YOUR MIND AND CANCEL AN ORDER FOR PHOTOGRAPHIC PRODUCTS WHERE SUCH PHOTOGRAPHIC PRODUCTS INCORPORATE ANY OF YOUR IMAGES, ARE MADE TO YOUR SPECIFICATION OR ARE OTHERWISE CLEARLY PERSONALISED.

6.3 To cancel an Order, you must inform us either in writing (which may be by email, and sending it to us in accordance with paragraph 13 below). You must return the Photographic Product(s) to us as soon as possible, in the same condition in which you received them, and at your own cost and risk.

6.4 Your legal right to cancel an Order starts from the date of the Confirmation, which is when the contract between us is formed. Your deadline for cancelling the contract is fourteen days after the day on which you receive the Photographic Products.

6.5 To cancel an Order, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our website. If you use this method we will email you to confirm we have received your cancellation. You can also email us at gordons@cewe.co.uk or contact our Customer Services team by telephone on 01926 456983 or by post to CEWE Limited, Unit 4 Spartan Close, Titan Business Centre, Tachbrook Park, Warwick, Warwickshire, CV34 6RR. If you are emailing us or writing to us please include details of your Order to help us identify it. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you sent us the email or posted the letter to us.

6.6 If you cancel your Order we will:

  • refund you the price you paid for the Photographic Products. However, please note we may reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
  • refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer.
  • make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
    • if you have received the Photographic Product(s) and we have not offered to collect it from you: 14 days after the day on which we receive the Photographic Product(s) back from you or, if earlier, the day on which you provide us with evidence that you have sent the Photographic Product(s) back to us.
    • if you have not received the Photographic Product(s) or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Order.

7. Your Personal Data

7.1 CEWE Limited is committed to preserving the privacy of all visitors to this site. Please read the following privacy policy to understand how we use and protect the information that you provide to us.

7.2 By registering or placing an Order on this site, you consent to the collection, use and transfer of your information under the terms of this policy.

7.3 When you register or order from us, we will ask you to provide certain information about yourself including your name, contact details and credit or debit card information.

7.4 We may also collect information about your usage of our website as well as information about you from messages you post to the website and e-mails or letters you send to us.

7.5 Your information will enable us to provide you with access to all parts of our site and to supply the goods you have requested. It will also enable us to bill you and to contact you where necessary concerning your orders. We will also use and analyse the information we collect so that we can administer, support, improve and develop our business.

7.6 In particular, we may use your information to contact you for your views on our services and to notify you occasionally about important changes or developments to the website or our services.

7.7 Further, where you have consented, we might also use your information to let you know about other products and services which we offer which may be of interest to you including available offers and promotions.

7.8 If you change your mind about being contacted in the future, please let us know by sending an email to us at gordons@cewe.co.uk or unsubscribing to any email communication from us.

8. Refund Policy

8.1 If you return a Photographic Product to us:

  • because you have cancelled the Order within the fourteen-day cooling-off period (see paragraph 6 above), we will process the refund due to you as soon as possible and, in any case, within 14 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Photographic Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us.
  • for any other reason (for instance, because you have notified us in accordance with paragraph 20 that you do not agree to any change in these Terms or because you claim that the Photographic Product is defective), we will examine the returned Photographic Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Photographic Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.

8.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

9. Delivery

9.1 Your Order will be fulfilled by the delivery date set out in the Confirmation or, if no delivery date is specified, then within 30 days of the date of the Confirmation, unless there are exceptional circumstances.

10. Risk and Title

10.1 The Photographic Products will be at your risk from the time of delivery.

10.2 Ownership of the Photographic Products will only pass to you when we receive full payment of all sums due in respect of the Photographic Products, including delivery charges.

11. Liability

11.1 We warrant to you that any Photographic Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

11.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Photographic Product you purchased.

11.3 This does not include or limit in any way our liability:

  • for death or personal injury caused by our negligence;
  • under section 2(3) of the Consumer Protection Act 1987;
  • for fraud or fraudulent misrepresentation; or
  • for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

11.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:

  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data; or
  • waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

11.5 This clause does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.

12. Notices

12.1 All notices given by you to us must be given to CEWE Limited at Unit 4 Spartan Close, Titan Business Centre, Tachbrook Park, Warwick, Warwickshire, CV34 6RR o by email to gordons@cewe.co.uk. We my give notice to you at either the e-mail or postal address you provide to us when placing an Order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

13. Transfer of Rights and Obligations

13.1 The contract between you and us is binding on you and us and on our respective successors and assigns.

13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

14. Events Outside Our Control

14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").

14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  • strikes, lock-outs or other industrial action;
  • civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • impossibility of the use of public or private telecommunications networks;
  • the acts, decrees, legislation, regulations or restrictions of any government; and
  • pandemic or epidemic.

14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

15. Waiver

15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

15.2 A waiver by us of any default will not constitute a waiver of any subsequent default.

15.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 12 above.

16. Severability

16.1 If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

17. Entire Agreement

17.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

17.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

17.3 Neither of us will have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy will be for breach of contract as provided in these terms and conditions.

18. Our Right to Vary These Terms and Conditions

18.1 We have the right to revise and amend these terms and conditions from time to time.

18.2 You will be subject to the policies and terms and conditions in force at the time that you order Photographic Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Photographic Products).

19. Law and Jurisdiction

19.1 Contracts for the purchase of Photographic Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

20. Feedback

20.1 We welcome your comments about our website and the services we provide to you. Please contact us at gordons@cewe.co.uk