1. Status of Terms
These terms, including the provisions of the various procedures, notes and other important information that are either hyper-linked to these terms or stated in relevant sections of this website, constitute a legal document ("the Agreement") which sets out the rights and obligations of you as a purchaser (“The Customer, "you" or “your”), and those of Wincastle Ltd. t/a Photomart ("Photomart", "we", “our” or "us") in relation to the products offered by us via our showrooms, call centres, online shops or any other sales channels owned or operated by us. By submitting an order for the purchase of good(s) from Photomart you are agreeing to The Agreement and you re-affirm The Agreement every time you submit an order to Photomart.
2. Place of performance and applicable law
Photomart is a company registered in CARDIFF (Registered June 1992, registration no.: 2725104) and makes no representation that any products referred to in any of Photomart’s promotional literature or websites are appropriate for use or available in any other locations outside mainland UK, Northern Ireland, the Channel Islands and the Isle of Man.
For all orders to Photomart for the delivery of good(s) to destinations outside of mainland UK, Northern Ireland, the Channel Islands and the Isle of Man:
All ownership, title and risk in good(s) will pass to you immediately at the point and time at which such goods are placed at your disposal at our premises in the UK;
The prices payable for good(s) as set out on our promotional materials and websites are exclusive of UK VAT (unless stated otherwise), local taxes, import duties and clearances. You acknowledge and agree that Photomart has no liability to you in respect of any such taxes including VAT, duties or clearances which may become payable, after the good(s) have been placed at your disposal at our premises in the UK;
You are solely responsible for compliance with local laws if and to the extent that local laws are applicable. You and Photomart each submit to the exclusive jurisdiction of the English courts in relation to disputes arising out of The Agreement;
3. Placing an order with Photomart
Orders are subject to acceptance in terms of The Agreement.
Photomart accepts orders from businesses, government, local authorities, schools, colleges, universities or any other institution or organisation, provided such parties accept the provisions of The Agreement.
Photomart essentially trades in volume and/or bulk and orders are therefore subject to a minimum order value of £50 (excluding VAT). Orders with a total value (before tax & delivery charges) that do not meet the required minimum order value will not be accepted.
When placing an order through our online store, and just prior to submitting such order, a notice will be displayed on your web browser containing important information such as a description, price and delivery charges of the good(s) or service(s ) ordered.
Confirmation of receipt of your order is not an agreement on our behalf of acceptance of such order.
Acceptance of the order and subsequent fulfilment of the contract between you and Photomart occurs when the order is dispatched by us for delivery. We reserve the right not to accept your order subject, but not limited, to any of the following conditions:
The total value of your order does not meet the minimum required order value;
The price of good(s) quoted on the order by Photomart , were quoted incorrectly (see paragraph 3.8);
You have exceeded your existing credit limit;
Your account with us has expired or no longer exists;
Your account or credit status has changed;
You do not have sufficiently available funds;
Your cheque has not cleared;
We have reason to suspect theft or fraudulent transaction;
Photomart shall not be liable to the Customer for any economic or financial loss or damage as described in paragraph 5.7 of The Agreement, should Photomart decide to not accept your order.
Your order will be dispatched for delivery the same working day unless the order was received after the required cut off time as determined by us (in which case it will be dispatched the following working day) or unless we have notified you that we do not accept your order or if you have cancelled the order and subsequently notified us of cancellation (in which case the order you submitted to Photomart will not be dispatched).
Subject to E & EO, the prices and description of good(s) supplied to you by Photomart will correspond to their prices and descriptions on our websites and to their prices and descriptions in our promotional literature at the time of printing. If at any stage this is found not to be the case, i.e. the price(s) of one or more of the goods you ordered has/have been quoted incorrectly by Photomart, we will put your entire order containing such good(s) on hold from delivery and make every reasonable effort to notify you of the correct prices and descriptions with an option of either rejecting the good(s) in question for a full refund or accepting the good(s) at the correct price.
All prices displayed in our promotional materials and on our websites are shown excluding VAT unless stated otherwise in which case VAT will be displayed at the standard rate. Should the applicable VAT rate change, Photomart reserves the right to adjust retail prices accordingly. For items which are placed on back order, VAT will be charged at the applicable rate at the time of dispatch.
4. Offers, Campaigns and Promotions
Catalogue Offers
Our product catalogues may contain promotional codes which will remain valid until further notice. We advise you to call our sales team to validate any offers we have previously printed as they may get withdrawn at any time without notice.
Email Campaigns
Our regular email marketing campaigns go to a permissible list of subscribers only that have chosen (via a double opt-in process) to receive any such campaigns. Emails received from us may contain product promotions & reminders, general notifications, and anything else that we consider relevant.
We hate spam as much as you do and do not rent or sell our list to any third-parties. We allow you full control over what you receive and you may opt-out at any time by clicking the unsubscribe link found at the end of any email(s) received from us.
Website Promotions
We have different types of shopping cart discount on our website:
a) Automatically applied discounts when your order reaches a specific condition such as “Buy X, Get Y Free”.
b) Manually applied discounts when you quote or enter a valid coupon code before placing your final order.
Please Note: We will detail all current website promotions on our OFFERS page including any specific promotion terms and conditions (where applicable).
5. Delivery
Photomart can deliver to virtually any destination in the world provided that the stated procedures are strictly adhered to when you place an order.
Orders received by 5:30 pm and accepted by us will be dispatched the same working day for next working day delivery (premium services and deliveries to destinations outside of mainland UK incur extra charge). Photomart will make every reasonable effort to ensure that good(s) are always delivered to you on-time. Photomart does not guarantee that orders will always be delivered within any quoted or estimated time scales.
For all orders destined for delivery outside of mainland UK, Northern Ireland, Ireland, the Channel Islands and the Isle of Man:
You acknowledge and agree that it is your responsibility to arrange for a courier to deliver the good(s) to you, or alternatively to collect the good(s) yourself from our premises;
Orders may be subject to additional charges if the total weight of goods ordered equals more than 94.5Kg within the United Kingdom or 70Kg for international shipping.
Photomart is willing, upon your invitation and as your agent, to quote for delivery and instruct our own transport and logistics provider to deliver the relevant good(s) on your behalf;
If you take up the previous option, you will enter into a direct contract with our logistics and transport provider in respect of the delivery of the good(s) under their standard terms and not with Photomart, and you will be liable to our transport & logistics provider to pay any required charges;
Photomart will (unless you instruct us otherwise) collect payment of the delivery rate from you, and as your agent pay such amount to our transport & logistics provider;
Any liability in connection with such delivery shall be between you and our transport & logistics provider and shall not involve Photomart;
If you elect to arrange for someone else to deliver the good(s) to you, or will collect the goods from Photomart’s premises in the UK, you should make the appropriate election and contact Photomart to make arrangements for the good(s) to be made available for collection. No collection of the delivery rate will be made by Photomart under these circumstances;
Please refer to the “Delivery” section for more specific information regarding our shipping tariffs, terms and conditions.
6. Warranties and liabilities
We do not manufacture the products that we sell (or where the products comprise computer software, we do not publish or license the software) and subject to the conditions set out below in section 5 (Warranties & liabilities), Photomart sells such products with the benefit of the manufacturer's warranty. Warranties are offered from the manufacturer on a pass-through basis to the end user or directly by the manufacturer to the end user.
We will accept liability for defective products sold by us only to the extent that we are entitled to make a claim under the manufacturer's Dead on Arrival (DOA) warranty or other defective good(s) terms and actually obtain from the manufacturer a refund credit repair or replacement in respect of such defective good(s). Processing of such defective good(s) shall be made according to the manufacturer's procedure and the instructions set out in paragraph 5.6 below. Photomart cannot and shall have no obligation to accept a return of and/or grant a credit for any product not compliant with the manufacturer's procedures.
Photomart shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence abnormal working conditions, failure to follow Photomart's or the manufacturer's or publisher's instructions (whether oral or in writing), misuse or alteration or repair of such good(s) without Photomart's approval.
Photomart shall be under no liability under these warranties if the total price of the good(s) has/have not been paid in full.
All warranties, conditions or other terms implied by common law or statute or otherwise in connection with the sale or supply of good(s) or service(s) (save, in the case of goods, as to title) are excluded to the fullest extent permitted by law.
Any claim based on a defect in the quality or condition of the supplied good(s) that you purchased from Photomart, shall be notified to Photomart's Customer Support or see Contact us without delay. Upon notification of any such claim, Photomart shall either notify you whether the policy of the manufacturer of the good(s) is to deal with The Customer direct (in which case you shall deal with the manufacturer direct provided Photomart gives sufficient details to enable you so to do) or we shall provide you with a Return Merchandise Authorization (“RMA”) number (in which case you shall return the good(s) to Photomart subject to the provisions under section 6 (Returns) and together with details of the RMA number as well as your name, address and daytime telephone number (preferably a mobile telephone number). If we have issued to you an RMA number, we shall under no circumstances despatch any replacement good(s) to you prior to receiving the defective good(s) from you and prior to our appraisal of such goods. This paragraph shall only apply to good(s) you are entitled to return to Photomart as provided under the terms and conditions of The Agreement.
Photomart shall not be liable to The Customer for any economic or financial loss or damage (including without limit any loss of profits, loss of revenue, liabilities incurred by The Customer to third parties relating to good(s) delivered or service(s) rendered by Photomart, or additional expenses incurred or the cost of time spent) or any consequential, indirect, or special loss or damage costs expenses or other claims for consequential compensation whatsoever (including without limit loss of or damage to data or loss of goodwill) incurred or suffered by the Customer and in every case howsoever caused or arising (and whether caused by the negligence of Photomart, its employees or agents or otherwise).
Photomart's liability for direct loss or damage arising from damage to tangible property for which Photomart is liable shall be limited to the VAT exclusive price of the relevant good(s) or service(s). In no event shall Photomart’s liability exceed the maximum amount of Photomart’s insurance cover.
Photomart shall not be liable to The Customer or be deemed to be in breach of any contract by reason of any delay in performing or any failure to perform any of Photomart's obligation in relation to good(s) or service(s) if the delay or failure was due to any cause beyond Photomart's reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond Photomart’s reasonable control:
Act of God, explosion, flood, tempest, fire or accident;
Act of terrorism, war or threat of war, sabotage, insurrection, civil disturbance or requisition;
Acts restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental or parliamentary or local authority;
Import or export regulations or embargoes;
Strikes lock outs or other industrial actions or trade disputes (whether involving employees of Photomart or a third party);
Difficulties of Photomart's supplier in obtaining raw materials labour fuel parts or machinery;
If you are re-selling any good(s), that you originally purchased from Photomart, to a consumer(s), it is your responsibility to ensure such consumer(s) is/are provided with sufficient and appropriate information and descriptions as to the fitness of the good(s) for the purpose for which the good(s) are normally used and any particular purpose such consumer(s) has/have required or agreed with the you. You shall not remove or replace any labelling, user manuals, components or other material from the good(s) as supplied by the manufacturer or Photomart, and shall not in its advertising, marketing or labelling provide any public statements on the specific characteristics of the good(s) on behalf of Photomart, the manufacturer or their representatives.
The Customer further accepts liability for conformity of the good(s) with the Customer's consumer contract ('conformity' as defined by the EU Directive 1999/44/CE of May 25, 1999 and legislation implementing the Directive) and shall not offer any warranties or representations to the consumer(s) as to the quality, fitness for purpose of the good(s) without the manufacturers' express consent. The Customer agrees to hold harmless and indemnify Photomart and the manufacturers against any loss, costs, and damages caused by The Customer's acts or omissions, and non-compliance with the obligations set forth in paragraphs 5.10; 5.11 and 5.12 of The Agreement. If The Customer is held liable to the consumer(s) caused by the good(s) lack of conformity resulting from an act or omission by the manufacturer or Photomart, or any other intermediary, The Customer may by law or statute be entitled to pursue remedies against Photomart, the manufacturer or any other person liable in the contractual chain. Provided The Customer is legally entitled to pursue such remedies and Photomart is held liable by a competent court of law, Photomart's liability to The Customer shall be limited to an amount corresponding to The Customer's original purchase price of the good(s) giving rise to the claim by the consumer(s).
Should the warranties offered by the manufacturers or by Photomart under the terms and conditions of The Agreement be restricted compared to the guarantees the consumer(s) is/are entitled to under law, The Customer agrees to take sole responsibility towards the consumer(s) for the excess liability and waives any claim it may have against Photomart in respect of such excess.
Good(s) are subject to the intellectual property rights of Photomart's suppliers [i.e. the manufacturers of the good(s)] while service(s) are subject to Photomart’s own intellectual property right. The Customer is not authorised to alter, cover, or remove any reference to such intellectual property rights on the good(s)/service(s) and shall adhere to any guidelines and restrictions provided by Photomart's suppliers if The Customer is granted a right to use such rights in the marketing and resale of the good(s) or provided by Photomart if The Customer is granted a right to use such rights in the marketing and resale of the service(s). Photomart shall have no duty to defend, indemnify or hold The Customer harmless from and against any or all claims brought against The Customer or damages and costs incurred by The Customer arising from the infringement of a third party's intellectual property rights, except to the extent Photomart's supplier is offering such defence or indemnification to Photomart on a pass through basis. Upon threat of claim or claim of infringement, Photomart may, at its option
procure the right to continue using any part of good(s)/service(s);
replace the infringing good(s)/service(s) with non-infringing good(s)/service(s) of similar performance; or
refund to The Customer the purchase price paid by The Customer for the infringing good(s)/service(s);
Notwithstanding any other terms or conditions to the contrary Photomart's liability for infringement of intellectual property rights under the terms and conditions of The Agreement shall not exceed The Customer's purchase price for the infringing good(s)/service(s).
7. Returns
Photomart does not sell products on a trial basis, offer stock rotation rights (or sale or return rights) and The Customer shall have no expectation of such rights being granted. If Photomart has agreed to accept the return of good(s), other than for the purposes set out in section 5 (Warranties & liabilities) above or for the purpose of carrying out any other repair or replacement, the good(s) must be returned at The Customer’s own expense in their original packaging and in a clean resalable condition, and will be subject to a re-stocking fee at Photomart's discretion, failing which Photomart will refuse to accept the same and The Customer shall remain liable for the price thereof. Credit for such returns will be at the price invoiced for the returned good(s) or the then current price, whichever is the lower. The Customer is strongly advised to check suitability and specifications of products before submitting any order for good(s) from Photomart.
Except for good(s) that have been specially ordered, personalised or customised to your individual specification, which are expressly excluded from the terms of this section 6 (Returns) and cannot be returned under any circumstances, if Photomart agrees to accept the return of any good(s) [other than for the purpose set out in section 5 (Warranties & liabilities)above] or agrees to carry out repairs to other good(s) which have not been purchased from Photomart or agrees to repair good(s) which are out of warranty, The Customer shall not send such good(s) to Photomart unless The Customer has completed a returns & repair form and sends the completed form with the good(s) and in the original packaging of the good(s).
The Customer shall notify Photomart within 3 working days of any delivery discrepancies or damaged good(s), other than for the purposes set out in section 5 (Warranties & liabilities). If Photomart subsequently issues an RMA with a valid returns number, such good(s) must then be returned to Photomart within 3 working days of the issue date.
We will not process any refunds until the returned good(s) have been received by us and an appraisal made as to any faults or defects. Photomart subsequently reserves the right to refuse return of damaged good(s) should the manufacturer’s seal be broken or compromised and charge The Customer return freight. To qualify for a refund or exchange the products must be:
in otherwise "as new" condition;
complete with any accessories or free gifts offered with it; and
returned in their original box and packaging with all the original contents including leaflets, instructions, manuals, software disks, documents, warranties etc.
To qualify for a refund or exchange, you may also be required to provide proof that the actual returned goods were originally purchased by you from Photomart.
Software, memory cards, DVDs, and pre-recorded videotapes will only be accepted if still sealed. This policy is to avoid any potential breach of the Copyright, Designs and Patents Act (CDPA) 1988. All opened software is exempt from return under the terms of the Distance Selling Regulations (SI2334/2000). Software that arrives damaged or is physically faulty may be returned under our normal returns policy.
The provisions of this section 6 (Returns) do not apply to any labour intensive or bespoke services offered by Photomart including, but not limited to, film developing, any type of printing services, framing services, design services, custom album or digital photobook production services etc.
Until such time as you return any good(s) to us you must take reasonable care of the item(s) and not use them. Any use of the returned good(s) beyond that necessary to inspect the good(s) upon delivery will invalidate your right to cancel the contract.
If Photomart has agreed to carry out repairs or replace good(s) (or any parts thereof) other than for the purpose set out in section 5 (Warranties & liabilities) above The Customer irrevocably authorises Photomart to carry out such repairs or provide such replacements as shall place the good(s) in proper working order.
Photomart shall not accept any liabilities for any damage to or loss in transit of good(s) returned to Photomart whether under this paragraph 6.10 or under paragraph 6.9 above.
Individual bundled items do not qualify for a refund or exchange except at the management's discretion. If eligible for a refund we will remburse an agreed amount based on the management's decision.
8. Software
Intellectual property rights in any software or any other copyrighted materials ("Software") and supporting documentation supplied by us to you remain our property or that of our licensors.
Without our written consent and without affecting any applicable statutory rights under the Copyright (Computer Program) Regulations 1992 (as amended, supplemented or replaced from time to time) you shall not and shall not permit any other person to:
disassemble, reverse engineer, decompile or in any other way interfere with the Software;
copy or modify the Software; or
create any new Software partly or wholly based on the Software.
Subject to the terms of this Agreement, you are licensed to use the Software and associated documentation non-exclusively, but only for the purposes identified on the site in relation to the Software.
You must not transfer, assign or sub-license your right to use the Software or attempt to do so.
Software returns are subject to section 6 (Returns) and in particular paragraph 6.6.
9. Limitation of Liability
Nothing in this Agreement shall affect your statutory rights.
Subject to paragraph 8.1, you agree that Photomart shall not be liable either in contract, tort, negligence, statutory duty or otherwise, for any direct loss or damage (including loss or damage which is reasonably foreseeable or occurs naturally in the course of things) resulting from any acts, omissions, failures or delays occurring on or in relation to those parts of the Internet not under Photomart's direct control including, without limitation, damage for loss of business, loss of sales, non payment of sums due, loss of profits, business interruption, loss of reputation, loss of business information, or any other pecuniary loss (even where Photomart has been advised of the possibility of such loss or damage).
The only liabilities that Photomart can exclude are those arising from the following.
In cases where losses were not foreseeable to both parties when the contract was formed;
Where losses were not caused by any breach on the part of Warehouse Express; or
For any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from Photomart.
10. Insolvency
Paragraph 9.2 (below) applies if:
The Customer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction); or
an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of The Customer; or
The Customer ceases, or threatens to cease, to carry on business; or
Photomart reasonably apprehends that any of the events mentioned above is about to occur in relation to The Customer and notifies The Customer accordingly.
If this paragraph applies then, without prejudice to any other right or remedy available to us, Photomart shall be entitled to cancel The Agreement or suspend any further deliveries under The Agreement without any liability to The Customer, and if the good(s) have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary and if any of the good(s) have not been delivered Photomart may sell the good(s) at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to The Customer for the excess over the price under The Agreement or charge The Customer for any shortfall below the price under The Agreement.
11. Matters beyond our reasonable control
Photomart shall not be held liable for any breach of The Agreement caused by circumstances out of its control including, but not limited to, Acts of God, fire, lightning, flood, or extremely severe weather, explosion, war, disorder, flood, industrial disputes (whether or not involving our employees), acts or omissions of Internet services providers or acts of local or central Government or other competent authorities.
12. Language
In the event of conflict or inconsistency between the terms of the English language version of The Agreement and any translation provided by us, the English language version shall prevail.
Photomart Online Store may change these T&C's from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.
Last Updated: 28th March, 2014
