Terms of Service

[Enter Cloudpics url] ("Service" or "System"), is an internet based photographic sales system operated by [Company name], ("we", “our” or "us") of [Enter your address (Company number Enter company number if appropriate)]. The Internet web site provides access to our services and laid out below are the terms and conditions of use for the Service. The web site may only be used in accordance with these terms.
The terms laid out below govern the relationship between you as a user ("you or user") and [Company name]. 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 Service and [Company name] for the purchase of photographic products (“Products”)
1.1 Legal Document
Please read these Purchase Terms carefully because they form a legal document. By submitting an order to the [Company name]. system, you agree to be bound with [Company name] 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 [Company name], 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 [Company name] in respect of your use of the Service and the supply by [Company name] of your Products.

2. Purchase Terms
2.0 Display
By the display and description of this Service, [Company name] does not necessarily agree to process your order and supply your Products at the prices specified.
2.1 Binding Contract
These Purchase Terms will not form a binding contract between you and [Company name] for the purchase and supply of the Products, until the following conditions have been met:
a. You have submitted an offer to buy certain Products using the order facility provided; and
b. [Company name] notifies you by e-mail that your order for Products has been accepted and [Company name] agrees to supply the Products to you, if you have supplied [Company name] 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
[Company name] will not be responsible for any consequential loss or damage, howsoever arising, because of a failure, refusal, or inability by [Company name] to fulfil an order.

3. Price and Specification of Products
3.0 Prices and Taxes
All prices quoted include United Kingdom Value Added Tax ("VAT"), at the applicable rate. There is a separate VAT inclusive postage and packaging charge, and this is listed with the price and specification of the Products. The total cost is the "Purchase Price". [Company name] 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.
3.1 Tax Free
If by nature of where you live you are able to purchase Products free of tax, or are able to reclaim tax, you must contact [Company name] before you make your purchase. Once an order has been placed, and payment made, [Company name] cannot enter into any correspondence or dialogue regarding tax issues.
3.2 Change
All Purchase Prices and specifications of Products are subject to change without notice, except where [Company name] has accepted your order and agreed to deliver the Products to you in accordance with Clause 2.1.
3.3 Payment
The Purchase Price payable for Products must be paid in advance by a secure payment authorisation bureau chosen by [Company name].
[Company name] 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. [Company name] has the right to refuse your order at their discretion.

4. Delivery of Products
4.0 Delivery
All Products will be delivered to you at the UK address given during the order process, within the service time frame specified, upon your order being accepted by [Company name], pursuant to Clause 2.1 above, unless an alternative time frame is notified to you by [Company name] prior to the expiry of a 5 working day period. For delivery outside of the UK, please contact our support team prior to placing an order. Any orders created with non-UK delivery addresses will be refunded without prior notification.
4.1 Estimate
Notwithstanding Clause 4.0, the time of delivery is an estimate only and [Company name], shall not be liable for any late delivery of the Products or any consequential loss or damage caused as a result.

5. Returns Policy
5.0 Returns
In the event that the Products 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 Products to [Company name], within 14 days of receipt by you. In those circumstances, [Company name], will either reprint the Products or provide a full refund of the Purchase Price.
5.1 Not Faulty
In the event that you return any Products to [Company name], in accordance with Clause 5.0, and [Company name], can demonstrate that they were not faulty when received by you, [Company name], reserves the right to return the Products 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 when 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. [Company name]'s Responsibilities
7.0 Security
[Company name] 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 Products), and to use reasonable endeavours to ensure that any [Company name] suppliers, subcontractors or agents comply with this Clause.
7.1 Response
[Company name] 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 [Company name] makes no representation or warranty that the Service offered will be accessible, or useable by you, or error free.
7.3 Suspend or Alter
[Company name] reserves the right, at its sole discretion, to suspend or alter the operation of the Service for legal, technical or any other reason. [Company name] 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 the proper authorised owner of the payment details of which you supply to [Company name]'s payment 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 [Company name] 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 [Company name] 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 [Company name] to negotiate terms.
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 [Company name]. You agree not to remove any copyright, trademark or any other intellectual property notices contained in the original material and/or from any Products purchased through the service.
8.4 Indemnify
You agree to indemnify [Company name] 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, [Company name] 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 Products made by you and terminate any access permission granted to you by [Company name] forthwith, without notice to you.
8.5 Privacy
Personal data provided to [Company name] 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 [Company name] is deemed by a court of competent jurisdiction, to have any liability to you in relation to the Service or any Products supplied by [Company name] or [Company name]'s contractors, [Company name] 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 Not Liable
[Company name] 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
[Company name] 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
[Company name] 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. [Company name] may do this at any time and without notice.

11. Notices
11.0 Legal Notices
You may send a legal notice to [Company name], or any questions you may have concerning these Purchase Terms, by e-mail to [Enter email address], or by writing to [Company name], at [Enter your address]. Such notices will be effective within 3 days of receipt by [Company name].
11.1 Give Notice
[Company name] may give notice to you by general notice on its web site, [Enter website URL], by e-mail to your e-mail address on record with [Company name], or by post to the geographical address on record with [Company name]. Such notice will be effective if sent by e-mail or posted on [Company name]'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 [Company name].

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 [Company name] and supersede any other oral or written communications, agreements, or representations with respect to your use of this Service.
13.1 Change of Terms
[Company name] 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 [Company name]. site. [Company name] 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 [Company name]'s posting of such changes will be regarded by [Company name] 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 Products to [Company name].

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 [Company name] 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 [Company name], [Company name] 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 [Company name] has no responsibility for any information, software, services, or other materials accessed or obtained by you using the Internet.
13.6 No Representation
[Company name] makes no representation that any Products purchased using the [Company name] 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.

Last updated 31/05/2023