Boots Photo Terms and Conditions
Welcome to Boots Photo! These terms and conditions apply to the use of the Boots Photo site and all related services ("Terms and Conditions"). By entering and using our site and its services, you indicate that you agree to use the service only under these Terms and Conditions. If you do not agree with these Terms and Conditions, do not access or use the service.
You are responsible for checking this page periodically, for any updates we might make from time to time. Please note that these Terms and Conditions may be supplemented by additional terms elsewhere on the Boots Photo site.
To use our service you must register on our website, giving your name and email address. Your details must be complete, correct and true. Boots Photo Services are for consumers personal use only.
A condition of Membership is your "Active Participation" in the service. Active Participation is defined as purchasing photos or gift items through the Boots Photo Service at least once every 365 days. If no such orders are made through your Membership account within 365 days, we may terminate your Membership or any part thereof, and may remove and discard all content made available by you within the Service. Please also read the section on Termination, relating to this.
3. Digital Image Storage
Boots Photo Services offer free, unlimited storage of digital photos to members who maintain Active Participation. Photos are uploaded via your Membership account.
When you upload image content to the Service, the original resolution of your content may be affected depending on the upload speed you choose. Further, if you upload an image with more than nine mega-pixels of resolution, Boots Photo may in its discretion down-sample the image regardless of the upload speed you choose.
You should always preserve your original content, or make back-up copies of such content, on your personal system. You should not use the Service as the only repository or other source for your content.
4. Member Conduct
We welcome Members who use our service to store creative photos and comments on the Boots Photo site. However, we do not allow our service to be used for Prohibited Content especially but not limited to the following:
- Copyrighted material used without the express permission of the owner,
- Material that violates the rights of others;
- Material that contains viruses, worms, Trojan horses or other forms of corruptive code, or any other content that may compromise the Boots Photo Service;
- Material that advocates illegal activity;
- Content we believe is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
- Material that, in any way, is harmful to minors; or,
- Material that provides a link to any of the above.
Boots Photo has the sole discretion to determine whether content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. Although Boots Photo does not and will not examine or otherwise review all Content submitted or transmitted to the Service, Boots Photo may delete, move, and edit Content for any reason, at any time, without notice.
Boots Photo Services are for personal use only. You are not entitled to copy or sell the service or any part thereof, or use the service for any commercial purpose.
Boots Photo may make third party software available through the service. To use such software, you shall agree to the terms and conditions imposed by the third party provider. The agreement to use such software will be solely between you and the third party provider. If you do not agree with their terms, do not use the software.
6. Delivery of Photos and Gift Items
When ordering photos and gift items from our site, the following terms apply to our deliveries and services.
6.1 Order Process
(1) Your contractual partner is Hewlett-Packard Limited, whose principal address for business is Cain Road, Bracknell, Berks RG12 1HN United Kingdom ("HP"). Should you follow any links to gift ideas on external websites, the provider of that website becomes your sole contractual partner. That provider is solely responsible for those goods and services.
(2) Your order is a binding offer, subject to acceptance by HP at HP's sole discretion. Your order is accepted by us when we dispatch the goods to you. In the event that we send you an order confirmation, this does not signify an acceptance of your order but is merely to confirm receipt of your order.
(3) HP reserves the right to cancel any order prior to delivery at HP's discretion (whether or not your credit card has already been charged) in the event of any material errors in connection with your order or the price or other conditions published in the Boots Photo website relevant to your order, or if any further verification of your credit conditions or records so warrants. If your credit card has already been charged and your order is cancelled pursuant to this sub-section, HP will immediately issue an appropriate credit to your credit card account.
(4) Where an order has been accepted by HP, but prior to dispatch HP discovers the order to be in breach of these Terms and Conditions, HP may not dispatch such order. In such circumstance, HP may refund all or part of the price related to such order, but we reserve the right to charge you for order related processing and printing costs at our sole discretion.
All prices are set out in UK pounds sterling (£) and are inclusive of statutory VAT and are subject to the delivery charges stated on our website.
6.3 Reservation of Ownership
We retain ownership of the delivered goods until the sum is paid in full and in accordance with these Terms and Conditions.
6.4 Right to Withdraw
There is no right to withdraw as all goods and services on our websites are made to your specification. However, if goods or services are faulty, the terms under Notice of Defects apply.
6.5 Notice of Defects
(1) Defects must be notified to HP within 28 days of receipt, or in the case of non-delivery, you must notify HP within a reasonable time after the products were expected to arrive.
(2) Please specify the delivery note/invoice number when reporting defects.
(3) Please note that only technical inadequacies, which were avoidable with the technology available is considered a defect, but does not include aspects of personal taste. Differences in colour between the images and the original image data are not a defect. There is no defect if reduced quality is due to the poor quality (for example, low resolution) of the original image data.
(4) Any defects are rectified by corrections or replacements. Only if these corrections or replacements are unsatisfactory do you have the right to a discount or to a refund for the faulty good / service.
(5) It is important to notice that besides prints sizes (6x4, 7x5 and 10x8) all sizes mentioned in the site are approximate and some deviations can be expected as the products are created on an individual basis.
7. Securing Image Data
You are responsible for backing up the image data and information you send us. We are not liable for any loss of data or information.
8. Third Party Rights, Checking and Deleting Content
(1) You represent and warrant that storing or processing your content or order will not violate any third party copyrights, trademarks or other rights. You are solely responsible for any such violations that you may incur as a result of your image data and we are exempt from any legal actions taken by others.
(2) You are solely responsible for the content of the uploaded image data. You represent and warrant that the content of the uploaded image files do not violate penal law, in particular legislation on the distribution of child pornography or other acts.
(3) We are entitled but not obliged to check the appropriateness of the content you upload. We reserve the right to delete without further notice any of your content or order in whole or in part that violates applicable law or the terms set out under the section Member Conduct of these terms. Illegal content may be reported to law-enforcement bodies.
(4) You shall bear full sole responsibility for any form of legal proceedings that may be incurred as a result of the images you upload and you shall be liable for any resulting damages. You will indemnify and hold harmless HP from and against all losses, claims, liabilities, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms by you.
(1) We shall have no liability for any temporary loss or discontinance of service and we do not accept liability for any loss of any content, images or data you have uploaded. You are responsible for ensuring the back up of any such content, images and data.
(2) Furthermore, we do not accept any liability for the risks related to the Internet, in particular those related with uploading images to our websites.
Please note the additional limitation of liability and disclaimers provisions in Hewlett-Packard terms available at the bottom on these Terms and Conditions.
(3) Nothing in these Terms and Conditions shall exclude or limit HP's liability for i) death or personal injury caused by negligence; ii) breach of any undertaking as to title implied by law; iii) any other liability that cannot be excluded by law.
(4) You may have additional rights under your local mandatory consumer laws, which provide you with additional remedies. To the extent that these Terms and Conditions are inconsistent with the mandatory laws of the country where HP delivered the Boots Photo services to you, they are deemed modified to be consistent with such local mandatory laws.
(1) We handle your personal information in accordance with applicable laws and regulations and HP privacy statement available below. By providing your personal data to us, you consent to it being processed in accordance with such process.
(2) We automatically store the personal information we require from you to use our services. The customer information we collect when orders are placed is processed, stored or otherwise used solely for the purpose of processing the orders and developing the customer relationships. Your data is transferred worldwide within the HP Group for the purpose of providing the service; your image data is stored on servers within the HP Group. We guarantee that third parties to whom we pass on your details to be able to offer our services as your payment details for processing payment are subject to the same level of data protection as is required by law.
(3) If you are a registered customer of our website and any HP partner websites which offer digital photo printing products and services supported by Snapfish (as indicated on the partner website), HP and the partner may have agreed to share the personal information you provide to each of us on termination of our contractual arrangement to ensure continuity of service for you whichever website you choose to purchase your digital photo printing products and services through in the future. HP shall process any personal information received from an HP partner in accordance with this clause 10.
(4) Except as described above and in the absence of any prior written agreement, we will not pass on your information to third parties for commercial purposes.
(5) For further information, please see the HP privacy statement (http://welcome.hp.com/country/uk/en/privacy.html).
We reserve the right to terminate at any time, in full or in part and without further notice, your Membership and your right to use the service, and to remove and discard any content you have uploaded onto our website.
In particular, we may terminate your Membership and your right to use the services in the following circumstances:
- if you violate our Terms and Conditions or any other applicable regulations, guidelines or laws,
- if your conduct is harmful to other Boots Photo users, our Boots Photo Services or third parties,
- if you have not ordered within the last 365 days (no Active Member) , as described under the Membership section.
Please contact Boots Photo customer support at firstname.lastname@example.org if you wish to terminate your Membership.
(1) These terms are governed by the laws of England and Wales under exclusion of the UN Convention on the International Sale of Goods.
Hewlett-Packard Limited is registered in the United Kingdom with number 690597
And with a registered office of Cain Road, Bracknell, Berks RG12 1HN United Kingdom