Terms & Conditions
These terms and conditions apply to the use of this website www.photovator.co.uk (the "Website"). By visiting www.photovator.co.uk or by placing an order, you confirm that you have read these terms and conditions and agree to adhere to them. If you do not agree to these terms and conditions, you must not use this Website.
We may update or vary our terms and conditions from time to time, so please check this page for the latest version. You will be able to access most areas of photovator.co.uk without registering your details with us. Other areas are only open to you if you register.
2. Trading details
Whenever you buy a product through this Website, you will be contracting with Collective Colour Limited, a limited liability company incorporated in England and Wales under company number 2728802.
Registered office: Unit 11, Dolphin Point, Dolphin Way, Purfleet. RM19 1NR Email: email@example.com Telephone number: 01708 804706 VAT registration number: 609966494
3. Ordering from us
3.1. Product description
We use our reasonable endeavours to make sure that every product on www.photovator.co.uk is shown accurately and that prices are correct. However, occasionally there may be small variations in colour, typefaces and layout. photovator.co.uk disclaims all representations and warranties that the content or information on this Website is accurate, complete, up to date or does not infringe the rights of any third party.
3.2. Placing your order
When you place an order with us (by choosing an item and completing our online checkout process), we will send you an acknowledgement by email. This will detail the products you have ordered. Please note that your completion of the online checkout process does not constitute our acceptance of your order. Our acceptance of your order only takes place when we despatch it. A 'purchase contract' between you and photovator.co.uk is therefore made at the point of despatch, rather than at the point of payment. If you have cancelled your order, or if we notify you that we cannot accept your order, then no purchase contract will have been made. From time to time, we may not be able to accept an order for the following reasons:
- Where we cannot obtain authorisation for your payment
- If there has been a pricing or product description error
- If you do not meet any eligibility criteria set out in our terms and conditions
- If the order for personalised products contains reference to any copyrighted information where you have not obtained permission
- If your order for personalised products contains content which is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience.
We reserve the right to cancel your order at any time and issue a full refund. This does not affect your statutory rights.
We know just how important it is that your items arrive on time. We aim to print and despatch within 5 working days (Greeting cards), or 7 working days (photobooks) of receipt of order with delivery being via Royal Mail Second class post UK mainland only.
4.1. General despatch information
Your order is likely to arrive much faster if you use a postcode. It sounds simple, but many people forget to add it!
You can check that you have the correct postcode by using the Royal Mail's handy postcode finder www.royalmail.com
If any of the details you have given us in your delivery address are incorrect, we are not liable for non delivery.
5. Returns and refunds
At photovator.co.uk we always try to send your products in perfect condition. However, occasionally, a problem can arise. In the unlikely event that a product is faulty, or it is damaged in delivery or is the wrong item, we ask you to contact us to let us know of the problem as soon as possible. We will then advise you on whether you are eligible for a refund or replacement.
6. Your privacy and security
Photovator.co.uk is committed to protecting your privacy. We promise to use the information that we collect about you in accordance with the Data Protection Act 1998. You can see the information that we hold about you by logging on to Photovator.co.uk and checking your account details. You can also update your account details online.
7.1. How we use your contact information
The personal information you provide to us will include your contact details, payment card details and information about any recipients of products that you wish us to deliver products to.
Photovator.co.uk will not sell or disclose any personal data to any third party unless required to do so by law.
7.2. Securing your password
When you register with photovator.co.uk, you do so as an individual. You must not share your user name and password with anyone else.
We know that you may use the same password for other Internet accounts, and that it is highly sensitive. Rest assured, your password will remain encrypted and we do not have access to it. If you forget your password, we can send you a temporary one. You will then be able to access your account and create a new password.
7.3. Credit card transactions
Your card details are not recorded or stored in our database. They are encrypted and are transferred securely to our Payment Service Provider (sagepay) for immediate authorisation. Once we have received authorisation from the Payment Service Provider we will confirm your order.
8. Use of the Website
8.1. Abuse of service
You agree not to use photovator.co.uk directly or indirectly for any unlawful purpose, or to cause distress or offence to any person. You also agree not to upload, email to us or print any images or other copyrighted material without the express permission of the owner.
8.2. Intellectual Property
All text, software, music, sound, photographs, graphics, video, page layouts, design and other material that is contained on the Website is protected by Collective Colour Ltd or third party copyrights, trade marks, service marks, patents or other proprietary rights and laws. You do not have permission, except where expressly authorised to do so, to change, copy, store, publish, rent, licence, sell or distribute in any way any of these intellectual property rights.
8.3. Website content and service access
We will always try to ensure that photovator.co.uk is available 24 hours a day. However, we will not be liable if for any reason the Website is unavailable at any time, or for any period.
We exclude all representations, warranties, conditions and terms (whether express or implied) to the fullest extent permitted by law. We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with your use of this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website. Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (ii) fraud (iii) misrepresentation as to a fundamental matter or (iv) any liability which cannot be excluded or limited under applicable law. If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof. You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
These terms and conditions constitute the entire agreement in respect of the use of this Website and the items and services offered via this Website.
If any of these terms and conditions is found to be invalid this shall not affect the validity of the remaining provisions which shall remain fully enforceable. No waiver by us of any term shall be deemed to be continuing or shall be deemed to be a waiver of any other term.
Only you and Photovator.co.uk shall be entitled to enforce these terms and conditions. No third party shall be entitled to enforce any of these terms and conditions whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
These terms and conditions will be interpreted and construed in accordance with the laws of England and Wales and will be subject to the exclusive jurisdiction of the English Courts.