1. Agreement and liability
These Terms and Conditions comprise a binding contract between you as an authorised user of the Yophoto Online services and Yophoto Limited of Unit 6, stag Trade Park, Tunbidge wells, Kent, TN2 3BF ("Yophoto") for the supply of goods and services via this site, and including photobooks & Calenders, uploaded via the Internet or sent to us on a CD. By using the site, you agree to be bound by these Terms and Conditions, which also govern all orders made via or in connection with the site. The offer and description of these goods and services by Yophoto does not of itself represent an agreement to accept an order in accordance with these Terms and Conditions.
Yophoto's liability to you in respect of your order (including in respect of delayed, corrupted, damaged and lost orders) is limited to the value of the order plus the value of a replacement cd (or plus 25% of the order value for digital images). If the images you submit are of value, or you are using the service for business purposes, such that, in the event your images were damaged destroyed or lost, your loss would exceed that amount, you should contact us before you place your order or register or upload any images (as applicable) in order to discuss taking out appropriate insurance (which will be your responsibility). Your statutory rights are not affected. We recommend that before submitting digital images to us you retain a copy for yourself to use in the unlikely event of your images being lost or corrupted. You should always retain your own copies of all images uploaded or otherwise supplied to us.
2. Delivery of Products
All prints will be delivered to the delivery address supplied by you during the registration process. Your order will be accepted upon Yophoto notifying you by e-mail that your order has been accepted and has agreed to supply the photobooks & calendars.
Time for delivery is an estimate only and it is not a condition of this agreement.
Orders may be refused without explanation and entirely at the discretion of Yophoto.
All orders to be shipped within the European Union include UK Value Added Tax where appropriate (currently 17.5%). Postage and packaging where appropriate will be listed separately. Yophoto shall not be liable for any other taxes or duties that may be imposed upon you and for which you will remain fully responsible.
Prices and specifications are subject to change without notice in any circumstances other than where an order has been accepted by Yophoto.
The purchase price is payable in advance by credit/debit card. We reserve the right to refer to your credit/debit card provider and any other credit reference agency or bank.
4. Returns and cancellations
Due to the personalised nature of the photobooks & calenders, we are unable to offer refunds on our products, save where we are required to do by law. Your statutory rights, and section 1 above, are not affected by this section 4. If you have any questions please contact Enquiries, Yophoto Limited of Unit 6, stag Trade Park, Tunbidge wells, Kent, TN2 3BF.
Your statutory rights are not affected by this clause 4.
Yophoto will use all reasonable endeavours to prevent any breaches of security including credit/debit card details provided by you and further to use all reasonable endeavours to ensure that any Yophoto supplier/sub-contractor or agent exercises the same standard of care similarly to prevent breaches of confidence.
You are solely responsible for the security and use of any user names and passwords needed to access the service or any part of it. Any use with your password will be deemed to be made by you (and you will be responsible for all such use including all images uploaded using your password).
Yophoto reserves the right without notice to suspend or alter the operation of its services at its sole discretion and without reason. In such circumstances notice will be provided wherever possible.
You warrant and undertake that you are at least 18 years of age and the authorised owner of the credit/debit card details which you supply to Yophoto.
8. Illegal use
You warrant that you will not use any of the services for any fraudulent or illegal purpose and that you will not submit any image that:
(a) is unlawful, pornographic, indecent, defamatory, offensive, obscene, otherwise objectionable or harmful to (or which depicts harming) children in any way; or
(b) would constitute, assist or encourage a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; or
(c) infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; or
(d) Use the service to transmit or invite access to any images described in paragraphs (a) through (c) above.
and you accept and undertake that you will be liable for any action taken against Yophoto in relation to such activities and will fully indemnify Yophoto against all actions, claims, demands or costs which may arise as a result.
You warrant that you are the owner of the copyright in any material that you send to us for reproduction.
Without prejudice to clause 1 (general liability statement) or clause 4 (returns) above,Yophoto's liability to you shall be limited to the sum of £50 for any one incident or series of related incidents and up to a total of £100 for all incidents in any period of twelve months.
Without prejudice to clause 1 (general liability statement) or clause 4 (returns) above, Yophoto shall not be liable for any economic loss, profits or anticipated savings, any loss of goodwill and reputation or any loss of data or any consequential loss as a result of breach of contract and/or negligence.
Your statutory rights are not affected by this clause 10.
11. General provisions
Nothing in these Terms and Conditions shall confer on any third party any benefit or right to enforce any term of this Agreement. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these purchase terms.
These Terms and Conditions form the entire agreement between you and Yophoto and supersede any oral or written communication agreements or other representations. Yophoto reserves the right to add or change these Terms and Conditions at its sole discretion at any time without prior notice (but this will not effect accepted orders which remain uncompleted at the time).
These Terms and Conditions are governed by the laws of England and are subject to the jurisdiction of the English Courts.
You should ensure you have read and fully understand these terms and conditions before submitting your order. If you have any questions please contact us.
Yophoto is a trading division of Copytech Ltd.