Terms and Conditions

Attention: Please read the terms and conditions (the “Terms”) below carefully before using Photogifts.co.uk (the "Website"). These Terms affect your rights and responsibilities under the law and set out the terms under which we make off the online service and its associated applications (the “Service”) for the purchase of Our Products (“Products”)

These terms and conditions do not affect your statutory rights. By using this site you have agreed to accept and be bound by these Terms. If you do not agree with these Terms then do not use this website.


Ownership of Photogifts.co.uk

This Website is operated and owned by Photogifts (Scotland) Ltd (Photogifts), the content of which includes, but is not limited to text, graphics, layout, design and coding. All content of the Website is bound by copyright and illegal use of its content will be dealt with in accordance to copyright laws.


Breach of Terms and Conditions

You agree to pay all costs, losses, damages and expenses to Photogifts howsoever incurred by all / any of them as a result in your breach of these said Terms or your unauthorised use of content / images / photographs and related rights attached to these.


Cookies and Privacy

Please read our separate Privacy Policy for more information.


Uploading content to the Website 

As We offer a product personalisation service, you have the ability to create designs for our Products and to facilitate this you are able to upload content to the Website.

By uploading any content and creating any designs, you hereby accept that you are the copyright and/or trademark holder of any images you upload or designs you create. If you are not the holder of such copyright and/or trademark then it is solely your responsibility to ensure that you have explicit written permission of the copyright and/or trademark holder to permit the reproduction of said material. Photogifts may request that you supply evidence of copyright and/or trademark usage prior to the production of your order and failure to provide such may lead to the order being cancelled and refunded.

By using this Website and creating any designs you hereby agree to accept full personal liability for any copyright and/or trademark infringement incurred as a result of you uploading any content or creating any design and you agree to fully indemnify Photogifts against any claims made by any 3rd party for such infringement.


Use of Content and Images on Photogifts.co.uk

All Website images are copyrighted to Photogifts and any photographers associated with the images. You may not use these images commercially or on any other web site commercial or otherwise unless you have entered into a written agreement with Photogifts.

You can use any image from this site for your personal, non-commercial, non-website based home use but in doing so you enter into a contract with Photogifts that you will only download or make a single copy of an image or photograph per computer, and that you retain all credits and copyright information / notices associated with that image attached. You may view and browse through the images on this site on your computer.

All content of the Website, including but not limited to, the design, layout, logo and images are copyright of Photogifts and any use or copying of such will be dealt with in accordance with the copyright laws, this is to include the re-transmitting of any content in part or in full whatsoever.


Delivery of Goods

These Terms will not form a binding contract between you and Photogifts for the supply of any Products or Services until the following conditions have been met:

1)    You have submitted your offer to buy certain Products or Services (your “Order”) using the online order facility provided

2)    We notify you by email that your Order for those Products has been accepted and that We agree to supply the Products to you I accordance with your specified method of delivery

Once a binding contract exists, We will supply goods that conform with your Order, however Photogifts reserves the right to cancel your order and refund any monies paid in full for any reason whatsoever, including but not limited to stock unavailability, suspected copyright infringement or offensive content.

Delivery options and charges are calculated depending on several factors including weight, size and value of your order. These are clearly shown in the shopping cart and charges are made per order and not per item. Deliveries are currently made using Royal Mail and DPD.

Your goods will, under normal circumstances, be sent out in the time frame stated on the website at the time of purchase to a delivery address of your choice. Please note that this time of delivery is only an estimate, and does not account for the time your chosen delivery service will take and Photogifts will not be liable for any late delivery of the goods or any loss or damage caused as a result of such delay. Delivery service times may be extended over public holidays and busy seasons by our delivery agents without any prior notice.

You accept responsibility to ensure that the delivery address is complete and correct. Orders sent to an incorrectly entered delivery address may be lost or returned to us by the courier. We will be happy to re-deliver any returned orders to the correct address for an additional delivery fee equal to the original delivery cost for that Order. The delivery address is confirmed during the checkout process and in the order confirmation email - if you have placed an order with an incorrect address, please contact us immediately to rectify the error. We cannot offer refunds for orders not received when you have entered an incorrect delivery address. 

We can deliver to most countries - please contact us if the country you require delivery to is not an option during checkout. Orders are securely packaged and despatched by standard or tracked delivery service depending on which option was selected at order stage.

Any claim for non-delivery must be made to Photogifts in writing in a timely manner and will be investigated with the delivery agent. Depending on the delivery service selected at the time of Purchase, the delivery agent may not accept that an item has been lost in transit for up to 14 days for non-tracked services. You agree to cooperate with Photogifts and the delivery agent in completing claims for any items lost in transit so that replacement goods can be sent as soon as possible if required.

Any claim for damage must be made in writing within 1 working day of receipt of the goods. Claims outside of this time cannot be accepted.

 

Sale of Goods

All Products at Photogifts are checked by our staff to make sure that the Products are of the highest quality possible. Due to the differences in viewing images on your screen and printing techniques we cannot guarantee that the printed image will look identical to the image as viewed on the site. Local settings such as screen contrast, brightness and colour as well as age and manufacturer of equipment will all contribute to the on-screen display. What we do promise is that the greatest care is taken in printing and colour matching the Products we send out and they are printed to the highest standards possible and are fit for the purpose for which we sell them.

Products may vary slightly from any photographs shown on the website as they are available from several manufacturers/distributors. Different batches of products may lead to small variations in colour representation also. If you are purchasing with a specific feature or material in mind please contact us in advance and we can advise accordingly. 

We will do our utmost to complete your Order in a reasonable length of time but the service is provided on an “as is” and “as available” basis, We make no representation or warranty that the Service offered will be accessible, or usable by you, or error free. 

We reserve the right without notice, to suspend or alter the operation of the Service, at our sole discretion or for legal or technical reasons. We will give you as much notice as possible prior to taking any such actions but prior notice may not always be feasible. All promotional offers (the “Promotion”) provided as part of the Service from time to time are limited to one Promotion per customer unless otherwise stated. If you register multiple accounts or register more than one account per household, We reserve the right to withdraw the Promotion and cancel any related Orders.

Due to the personalised nature of an Order, you may not be able to cancel an Order after you have submitted it if We have already started to manufacture it. If you wish to cancel an order you should contact us immediately.

Returns

Refunds will be given at the discretion of the Photogifts.co.uk Management. Please use the link on the 'Contact Us' page to advise us of any queries regarding a transaction, clearly quoting your order reference. Any refund is subject to conditions. These conditions are: that the Product is returned to us at the address as listed on Photogifts.co.uk in it's original condition and that the quality is significantly below par for what could be reasonably expected for that Product. We will not make a refund if the product is of the quality expected and no refunds can be given for products that are no longer fit for re-sale or that have been bought in error. We cannot accept responsibility for Products going missing in the return post and without the return of these products cannot make a refund. We do not accept responsibility for the costs of returning these products to us.

Should a product be faulty, it will be replaced free of charge or a refund given, whichever you wish. Refunds are normally processed within 24 hours but may the longer to appear in your account as this is dependant on your card issuer.


Disclaimers and Omissions

This Website is viewed at your own risk and any damage or loss incurred by using it is wholly your responsibility and not that of Photogifts, and any costs incurred due to those losses are your responsibility, and not that of Photogifts.

Except as specifically stated in these Terms & Privacy Policy, or elsewhere on this website, or as otherwise required by applicable law, neither Photogifts nor its founder, directors, employees or content providers will be liable for damages of any kind arising out of your use of, your inability to use, or the performance of this website or the content of this website whether or not we have been previously advised beforehand or not.

There may be links to other websites from the Photogifts.co.uk web site, however, these web sites are not controlled by Photogifts and we are not responsible for any content contained on any linked website or any loss suffered by you in relation to your use of these web sites. You waive any and all claims against Photogifts regarding these links to outside web sites or your use of those web sites.

Although we at Photogifts try to ensure the information contained in our website is correct and true we can not be held responsible for any errors or omissions within the website.

We at Photogifts reserve the right to change any areas of the web site without prior notice to any of its users and subscribers and can change the products and pricing structures for products, postage and services at any time we see fit to do so.

These Terms shall be governed by and construed in accordance with Scots law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Scottish courts.