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PhotoMe - Terms and Conditions of Sale via Website

1. Introduction

a. These terms and conditions ("Terms") govern our online photo services ("Services") that we make available via our website at photo.morrisons.com/ ("Website") and the manufacture, sale and delivery of photographic prints, photo gifts and other photo products ("Photo Products").

b. These Terms form a contract between you as a customer using our Service and/or purchasing Photo Products ("you" and "your") and [ME Group International plc] (trading as "Photo-Me") ("we", "us", "our") and are effective from the time you start using the Services. By using the Services you agree to these Terms.

c. These Terms set out important information regarding your rights, obligations and the restrictions that apply when you use the Services and/or purchase Photo Products from us.

d. We have the right to revise and amend these Terms from time to time, any changes will be posted on the Website. These Terms may have changed since you last reviewed them. We recommend you read them each time you use the Services.

e. Our Services and Photo Products are only available to people resident in the UK who are aged 18 years or over.

f. If you access the Website from a location outside the UK, you are solely responsible for compliance with local law insofar as it may be applicable. If your use of the Services or viewing of the Website is in any way contrary to any applicable law in any country outside the UK, you are not entitled to use the Services and must exit the Website and cease using the Services immediately.

2. Information about us

a. The Website is operated by [ME Group International plc], a company registered in England and Wales under company number 00735438 and with our registered office at Unit 3B Blenheim Road, Epsom KT19 9AP. Our VAT number is GB 212029713. You can find everything you need to know about us and our products on our Website before you order. We also confirm the key information to you in writing after you order by email.

b. Please note that you have been directed to the Website from the Morrison's website at www.morrisons.com ("Morrisons Website"). For your information, Morrisons have partnered with us to provide the Services and Photo Products to their customers, but we are not affiliated with Morrisons in any way. Your use of the Morrisons Website is subject to Morrisons' terms of use.

3. Services

a. The Services enable you to upload, edit, and customise (the "Services") your photographic images ("Images"). We will store your Images digitally so as to enable you to order Photo Products to be delivered to you.

b. Please note that the scale and format of the Images on the selected Photo Products delivered to you, may not exactly replicate the appearance on the digital representation on the Website and/or on the device on which you are viewing the Website. The representation on the Website is an indicative guide as to how the Image may appear on the manufactured Photo Product.

c. You shall not use the Website or Services for (i) any unlawful purpose, or (ii) any purposes unconnected with reviewing information about our Services and Photo Products and/or the ordering of a Photo Product.

d. Your use of the Website shall, in addition, be subject to the Photo-Me website terms of use available at www.me-group.com/terms-of-service/

4. Ordering Photo Products

a. By using the Services to place an order for the Photo Products ("Order"), you are offering to buy the Photo Products that you specify in the Order. If we accept your Order, we will confirm acceptance to you by email ("Confirmation") to the email address you have given us in the Order. Until we have sent a Confirmation, we will not be bound to supply your Order. We will only charge you for the Photo Products once we have accepted your Order.

b. Sometimes we reject or cancel Orders, for example, because you are located outside the UK, because you are in breach of your responsibilities under these Terms or because the Photo Products are mispriced or because a Photo Product is unexpectedly out of stock.

c. If we reject or cancel your Order or any part of it, we will notify you by e-mail and refund any monies already paid by you in accordance with our refund policy set out below (see section 7, right of refund and return).

5. Price and payment

a. We make every effort to ensure that prices indicated on the Website are accurate, but the price of the Photo Products, packing and delivery is the actual price agreed in an Order as accepted by us. The price includes UK Value Added Tax ("VAT"). Please note that the prices on the Website are subject to change but you will only be charged the price of the Photo Products shown at the time you placed your order..

b. Payment for all Photo Products must be by credit or debit card, or PayPal and in sterling (£)] and we require payment in full before we make the Photo Products available to you. We use Nayax payment services to carry out and process your payments.

c. You promise that all details you provide to us for the purpose of purchasing the Photo Products, including the details of your credit or debit card, will be correct, that the credit or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of your purchase. We, or our payment processing partner, reserve the right to obtain confirmation of the validity of your credit or debit card details from any relevant financial services provider or credit reference agency.

d. .

6. Delivery

a. We will deliver the Photo Products to the address for delivery stated by you at the time you make the Order.

b. Please see our Website for details of the delivery options and associated delivery timescales. We will use reasonable endeavours to deliver your Photo Products within these timescales, but these are estimates only and we do not accept liability for any failure to deliver within those timescales. If you experience a delay in delivery, please notify us by email at info@me-group.com.

c. If you do not accept delivery of the Photo Products, we are entitled to treat your Order as cancelled and in such circumstances we will refund the price paid by you in accordance with section 7 (Right of return and refund).

d. If our supply of your Photo Products is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we will not compensate you for the delay, but if the delay is likely to be substantial you can contact us using the details at section 7 (Right of refund and return) to cancel your Order and receive a refund for any Photo Products you have paid for that have not yet been received.

7. Right of return and refund

a. Please note that as Photo Products are made to your specification and are clearly personalised, you do not have a right to cancel your Order or return a Photo Product which is not faulty or damaged. This does not affect your statutory rights if the product is faulty or not as described.

b. If your Photo Product is faulty, damaged, or not as described, you have the right to a replacement or refund in accordance with your statutory rights. We honour our legal duty to provide you with Photo Products that are as described to you on our Website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk.

Summary of your key legal rights

  • The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
    • Up to 30 days: if your goods are faulty, then you can get a refund.
    • Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
    • Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

c. This policy applies only where the item is genuinely faulty, damaged during delivery, or not as described. It does not apply to errors resulting from customer-submitted content (such as low-resolution images or spelling mistakes in text provided by you during the Order process).

d. We reserve the right to require you to send to us the Photo Product; this enables us to assess the alleged problems. Where we require you to send the Photo Product to us, we shall refund the cost of sending the Photo Product to us by ordinary first-class post, where a refund is due for the Photo Product. We may also require photographic evidence of the fault or damage before offering a resolution.

e. To seek a refund, you may contact us by:

  • writing to our Customer Service Department, ME Group International plc, Unit 3B Blenheim Road, Epsom KT19 9AP; or
  • emailing info@me-group.com; or
  • phoning (Freephone) 0800 035 6600.

f. Where you phone our call centre, we may ask you to write or email in if we have any difficulty understanding you, so we can make sure the refund is issued correctly. If we agree to give you a refund, we shall process this as a BACS payment into a UK account within seven working days of your giving us in writing the name of your bank plus your account number and sort code and you agree to receive the refund in this manner instead the manner in which you made your original payment.

If we agree to give you a refund, we shall process this as a BACS payment into a UK account within seven working days of your giving us in writing the name of your bank plus your account number and sort code.

8. Your responsibilities

a. You are responsible for the security and use of any password or login identifier issued to you in connection with the Website and/or an Order and you must take all reasonable steps to ensure that such identifiers are kept confidential and secure and that you do not allow any other person without your authority to use the log-in using your password or identifier.

b. You must not upload any Images or any other material, or any content within such Images, which:

  1. is abusive, deceptive, pornographic, obscene, defamatory, slanderous, violent, offensive, constitutes hate speech or is otherwise inappropriate;
  2. consists of copyrighted material used without the express permission of the owner or material that has been altered so that the copyright, trademark or other proprietary notice is removed;
  3. violates or otherwise encroaches on the rights of others including, but not limited to, intellectual property, publicity or privacy rights;
  4. contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may harm, interfere with, disrupt, or compromise the Services;
  5. advocates illegal activity;
  6. violates any law or regulation;
  7. harms or advocates harm against anyone, including minors;
  8. generates defamatory or libelous content, or content that includes misinformation, or is otherwise misleading; or
  9. provides a link to material associated with any of the above.

c. You must only upload Images in which you own copyright (or which you are authorised to send to us by the copyright owner) and you promise that none of the Images contain anything which would infringe any copyright, trade mark, design right or other intellectual property right of any third party.

d. We will not check the content of any Images provided by you. However, if any Images uploaded by you do not comply with these terms and conditions, particularly b and c immediately above, we reserve the right to remove them with immediate effect and without any obligation or liability to you.

e. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of these Terms.

f. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to upload your Images and you promise that the Images you upload will be free from infection, viruses and/or other code that has contaminating or destructive properties. Your use of the internet in uploading Images shall be entirely at your own risk and subject to all applicable laws and regulations in force. We will not be responsible for any loss of your Images howsoever caused.

g. Anything you download in connection with the Services is downloaded and used by you at your own risk and you are solely responsible for any damage to your own computer system or loss of data which results from the download of any such material.

h. You agree to reimburse us in full (upon our written request) for any claims, costs, expenses or legal proceedings caused as a result of your use of the Services in contravention of this section 8 or if you are otherwise in breach of these Terms. In the circumstances of such contravention, you acknowledge that we will be entitled to terminate our contract with you and cancel any pending Order for Photo Products made by you. We may also deny you access to the Services in the future.

i. RIGHT TO CANCEL – EXEMPTION FOR PERSONALISED PRODUCTS

Your cancellation rights
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, one generally has the right to cancel their order within 14 days without giving any reason.

Exemption for personalised products
However, please note that this right to cancel does not apply to goods that are made to a person's specifications or are clearly personalised. This exemption applies to all photo products offered through this website that incorporate a customer's uploaded images, text, or other personalised content, including but not limited to:

  • Photo books featuring your images
  • Custom calendars with your photographs
  • Personalised greeting cards
  • Photo prints from your uploads
  • Any other products customised with your personal content

Legal basis
This exemption is established under Regulation 28(1)(b) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (for UK recent amendments under the Retained EU Law -Revocation and Reform- Act 2023 only changed terminology, replacing "retained EU law" with "assimilated law"), which specifically excludes "the supply of goods that are made to the consumer's specifications or are clearly personalised" from standard cancellation rights.

Production commencement
By completing your purchase, you acknowledge that production of your personalised order will commence immediately upon payment confirmation, and you cannot cancel your order once production has begun.

Your rights for defective products
This exemption does not affect your statutory rights under the Consumer Rights Directive 2011/83/EU, the Unfair Terms Directive 93/13/EEC and the UK Consumer Rights Act 2015 regarding defective products. If your order arrives damaged or materially different from what you ordered due to our error (not including customer upload errors), you retain the right to a remedy.

9. Intellectual property including Image copyright

a. You or the original photographer or creator (or otherwise as you may have provided for in writing) remain at all times the owner of the copyright in the Images themselves and the Photo Products made from them. By uploading any Images to the Website you grant to us an irrevocable, non-exclusive, fully paid up and royalty-free licence (with rights to sub-license to our subcontractors) to use (including to affix the Images to Photo Product for you), modify, re-produce and distribute such materials solely for the purposes of providing the Services and the Photo Products to you.

b. By submitting Images to us, you consent to the use of your likeness, and you confirm that you have obtained the written consent, release, and/or permission of every identifiable individual who appears in the Images. This release includes the right to use such individual's likeness in the manner contemplated in these Terms. If any identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from that individual's parents or guardians (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do not have any such consents, permissions or releases, do not submit the Images to us.

c. The names, trade marks, service marks, and logos of Photo-Me or the ME Group International plc belong exclusively to us or our licensors and are protected from re-production, imitation, dilution or confusing or misleading uses. All other trade marks, service marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of these trade marks is expressly prohibited, and nothing stated or implied in the Terms or our Website confers on you any license or right under any intellectual property right whether ours or those of any third-party.

10. Our liability

a. We're not responsible for losses you suffer caused by us breaking this contract if the loss is:

  1. Unexpected: it was not obvious that it would happen and nothing you said to us before we accepted your Order meant we should have expected it (so, in the law, the loss was not reasonably foreseeable).
  2. Caused by an event outside our control: we are not responsible for any failure to perform, or any delay in performance of our obligations under the Terms caused by events outside our reasonable control.
  3. Avoidable: something you could have avoided by taking reasonable action. For example, if you did not follow the instructions provided on the Website or when using the Service.
  4. A business loss: we supply Photo Products only for private consumption. You agree not to use any Photo Product for commercial or re-sale purposes, and we shall have no liability to you for any loss of profits, loss of business or loss of business opportunity.

b. We will use our commercially reasonable efforts to ensure that the Services will be provided with reasonable care and skill and the Photo Products will be of satisfactory quality, will meet the descriptions set out on the Website and will be reasonably fit for the purpose for which you bought them.

c. The Services are provided on an “as is” and “as available” basis. While every attempt is made by us to ensure that all materials and information published on the Website about the Services and Photo Products are accurate and to keep the Services generally available and error free, we cannot guarantee that the Website or the Services will operate continuously or without interruptions or be error free. We accept no liability for any unavailability. You assume total responsibility and risk for your use of the Services and use of all the information we provide.

d. Nothing in these Terms shall:

  1. where you deal as a consumer, restrict your statutory rights; or
  2. limit our liability where we have acted negligently;
  3. exclude or limit our liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation, or exclude or limit our liability for any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

11. Privacy and data protection

How we (or our agents or sub-contractors) use any personal data you give us is set out in our privacy policy which can be seen at: me-group.com/terms-of-service ('Privacy Policy').

12. General

a. We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We'll tell you in writing if this happens and we'll ensure that the transfer won't affect your rights under the contract. We may also sub-contract the Services or manufacture of Photo Products to third parties. In such circumstances, we will remain responsible to you for the provision of those Services and the supply of the Photo Products. You can only transfer your contract with us to someone else if we agree to this.

b. We reserve the right at any time to change, alter or suspend the Services at our sole discretion or for legal or technical reasons. We may also for the same reasons and at our sole discretion delete or refuse to process any Image you upload.

c. All notices you give to us must be given in writing to the address set out in these terms. We may give notice to you at either the email or postal address you provide to us when you contact us.

d. If we fail to enforce or delay in enforcing any of our rights under the Terms we can still enforce it later.

e. If any provision of these Terms is found by a court or other competent authority to be unlawful, invalid, or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted, and the remaining provisions shall remain in full force and effect.

f. These Terms and any document expressly referred to in them represent the entire agreement between you and us. Contracts may be concluded in the English language only.

g. These Terms are between you and us. Nobody else can enforce it.

13. Your options for resolving a dispute with us.

a. Our Customer Service Team: photo.morrisons.com/contact-us will do their best to resolve any problems you have with us or our Photo Products.

b. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.