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Introduction
This website is owned and operated by Giftware Solutions Ltd.
The web site provides access to a number of services that may be used in accordance with these terms. The services include:
the ability to upload digital images to the web site or to email digital images to us so that we can process them on your behalf;
the ability to order products of images that have been uploaded to the web site or emailed or posted to us.
These terms govern the relationship between you and us. The web site (and the services provided through the web site) can only be used if you agree to these terms. You may only use the web site in accordance with these terms.
Only persons aged eighteen years or over may agree to these terms and use the web site or the services offered through the web site.
We may modify these terms at any time. We will post the modified terms on the web site so note that they may alter over time. We require that you revisit these terms when you use or return to this web site. The modified terms will come into effect as soon as they are posted on the web site and use of the web site (or of any services provided through the web site) after that point will be subject to the modified terms.
Note - Terms and Conditions of Sale are dealt with at the purchasing stage - either at the buying stage online or on our order forms. Please be sure to read these at the time of ordering. If you make a telephone order to us (based on the fact that you can't for whatever reason use the online web purchasing facility or use the order forms) then we will alert you to the fact that terms and conditions apply. Your provision of any payment details eem that the terms are accepted by you the buyer.
As a guide you will find the following to be the CONDITIONS OF ORDER:
You confirm to 'Photo Genius' [the seller] you own or have permission to use the image[s]. We regret we are unable to give refunds. In the unlikely event of manufacturing fault, it will be repaired. You accept that a photograph when enlarged may lose some definition and that colour variation may occur in finished item. Cancellations attract a 20% charge. Alterations to an order are £15 per alteration if achievable at time of request. In the unlikely event of a concern with the product on receipt it must be brought to our attention within 14 days. Picture cropping and editing: You accept we need to exercise a degree of license to crop and edit images to fit and to achieve the very best results. If you have edit requests, please state in 'Notes'. Red Eye, blemish reduction, date stamp removal, black and white conversion are free of charge and at our discretion. Photo Genius is not obliged to make these adjustments and does so without liability in order to help to achieve best results. Thank you.
Note - All Product Sizes are pretty accurate, but due to the nature of making customised products by hand and one by one, there will be marginal size differences in the finished item to the sizes quoted on this web site. Occasionally we may substitute materials and adjust product design to accommodate production considerations in relation to supply or stock shortages.
Note - All Promotional Images of our products are good guides for what we make. We do not warrant that the final item will be exactly as per the images contained in this web site. There are often improvements made to products that are not visible in the promotion photographs, and there may be occasion when a stock component may be unavailable giving rise to the need to supply a variant of that part in the finished item.
Note - Delivery Times are stated in good faith. Wherever a delivery time is stated, it serves as a guide timeline and we do not warrant that the products will be with you on a specific date. We will do our best to meet these timelines but cannot guarantee it. Over 98% of our products are delivered inside our quoted timelines.
Images
You may upload digital images to the web site yourself or email them to us to upload to the web site and store. Occasionally photos will not cover the selected item entirely and in these cases we will merge your photo into the most appropriate background in an attempt to cover the entirety of the item. If this may be the case with your photo and you have any specific request we ask that the customer contacts customer support prior to ordering for advise otherwise we shall merge the image as best as we can. Images uploaded to the web site or emailed to us for uploading are preferred by us to be digital images in JPEG format (.jpg), although we do accept and work with other files formats.
Images uploaded by you or by us on your behalf which are then turned into a personalised item will (subject to the restrictions in these terms) be made available for viewing to other users of this site for display in our Gallery. You have the option to decline permission to do this at the stage of ordering.
What you are allowed to do
You may access any part of the web site that is not password protected. Access to some parts of the site is only available if you have a valid password. You may not access these areas without a valid password.
You may print off one copy per visit of any individual page or part of a page (other than your own images) of the web site for your own personal use. Provided that you are otherwise entitled to do so, you may print off as many copies of your own images as you wish. In either case, you must not do any of the things set out under "What you are not allowed to do", below.
What you are not allowed to do
You are not allowed to copy (whether by printing off onto paper, storing on disk or in any other way), distribute (including distributing copies), alter or tamper with in any way or otherwise use any material contained in the web site except as set out under "what you are allowed to do"
You are not allowed to use the web site (or to copy or use any material from the web site) for any commercial purpose other than to conduct a commercial transaction with Photo Genius.
You are not allowed to remove any copyright, trade mark or any other intellectual property notices contained in the original material from any material copied or printed off from the web site.
You must keep your password secure at all times. You will be responsible for any damage caused by unauthorised access resulting from your failure to keep your password secure.
You are not allowed to upload, email to us or order products of any images or other material which contain:
pornographic or obscene material;
racist material;
material that is likely to incite hatred against any person or group;
blasphemous material;
defamatory or otherwise actionable material;
images of any criminal act;
material the use or inclusion of which infringes any copyright, trademark or other intellectual property right of any third party;
material that breaches any applicable laws or legislation
We may at our discretion contact law enforcement authorities if we believe that anything unlawful is occurring or has occurred in relation to the web site (including the uploading or emailing of any images in breach of the above restrictions). We may provide copies of any relevant images or material to the law enforcement authorities and in that connection may also give them access to any personal data that is held by us.
We may without notice and at our sole discretion delete or remove any image that has been uploaded, emailed or submitted for printing in breach of these terms.
We may refuse to provide any further services to anyone who breaches these terms.
You will indemnify us and our officers and employees against any action, claim, damages, liability, costs and expenses arising out of:
any use by you or your guests of this web site in breach of these terms, any claim that the uploading or emailing of any images by you or on your behalf is an infringement of any third party's copyright, trade mark or other intellectual property rights;
any claim that the processing, printing or other dealing with by us in accordance with these terms of any images uploaded or emailed by you or on your behalf is an infringement of any third party's copyright, trade mark or other intellectual property rights.
Rights
You retain all intellectual property rights, including copyright, to the images that you have uploaded to the web site or emailed to us.
We may delete, remove or refuse to display any at our sole discretion.
We may display, modify, print, transmit, distribute or delete any of the images that you upload or email to us, provided that this use is necessary in order to provide any of the services offered by us via the web site or is otherwise allowed by these terms.
It is a condition of allowing you to use the web site and any services offered through it that you have the right to copy, upload or otherwise deal with images in relation to the web site and to allow us to process and otherwise deal with those images in accordance with these terms. You may not upload, email to us, request us to print or otherwise deal in relation to the web site with any images or other material unless you have the right to do so and to allow us to use such images or other material in accordance with these terms. For example, you may not take photos from another web site or other publication and do anything with them unless you have the permission of the relevant rights owner.
Operation of the web site
We may change the format and content of the web site (or any products or services offered by this web site) at any time.
We may terminate or suspend the operation of this web site (or terminate or suspend provision of any products or services offered via this web site) for support or maintenance work, in order to update the content or for any other reason. We may do this at any time and without notice.
You are advised to keep back ups of all material provided to us. In particular, it is up to you to keep backup copies of images uploaded by you or emailed to us. We will not be responsible for keeping backups or for loss of, deletion or corruption of any images or any other material.
Data protection
Personal data provided to us 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 to us you are consenting to its use in accordance with our privacy policy.
Services/ products
Once you have placed an order for any goods or services via this web site (including any order for product or services), the order will not be treated as having been accepted until you receive confirmation from us that this is the case. This confirmation may be by email or post.
The decision as to whether to accept any order from you is at our discretion and we are not bound to do so.
We may, at our sole discretion, refund all or a proportion of the payment made in respect of the order concerned but reserve the right to charge in full as if the products had been dispatched.
To maintain continuity of service we reserve the right to use alternative materials in production, to those stated on the website.
Any design work requested by the customer will be chargeable at £7 per hour.
Offer codes may be published from time to time as part of a promotion. Offer codes may provide a free item or a discount on part of an order. Offer codes can only be used for online orders placed through this web site. A maximum of one offer code can be specified per order. Unless otherwise specified, postage and packing charges will still apply to orders subject to an offer code. Further conditions may apply and if so will be published with the relevant offer code.
We will use our reasonable endeavours to reply promptly to all correspondence. Such reply may be by email or by post.
Termination
We may terminate your order without notice at our sole discretion.
Once your order is terminated, your images will be removed from our systems. We will refund any monies due in such a circumstance.
Questions or complaints
Complaints or claims must be notified to us within fourteen days of receipt of goods, or in the case of non-delivery, in a reasonable time after the goods were expected to arrive. See our returns policy.
If you have a question or complaint, please contact us us.
Law and jurisdiction
These terms (and the provision of goods and services by us) are governed by and to be interpreted in accordance with English law. In the event of any dispute arising in relation of these terms or in relation to the provision of any goods and services by us the English courts will have exclusive jurisdiction over such dispute.