Snapfish Terms and Conditions of online sales to consumers (UK and Ireland)

 

Snapfish UK, Ltd ("Snapfish") a subsidiary of Snapfish2, LLC
Dakota House, Brunel Road, Newton Abbot, Devon, United Kingdom, YQ12 4PB
Contact information: Customer Support

1. General

Welcome to Snapfish! These terms and conditions apply to the use of the Snapfish site and all related services ("Terms and Conditions") and to all orders submitted by you online in the Snapfish store ("Snapfish Site"). By entering and using our site and its services, you indicate that you agree to use the service only under these Terms and Conditions and agree to be bound by them. If you do not agree with these Terms and Conditions, do not access or use the service.

These Terms may be changed or updated at any time. Snapfish will inform you in case the Terms are updated more than insignificantly. We recommend that you check the Terms 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 Snapfish Site.

2. Membership

To use our service you must register on our website, giving your name and email address. Your details must be complete, correct and true. Snapfish 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 Snapfish 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 Snapfish service. Please also read the section on Termination relating to this.

In case Snapfish decides to discontinue providing their services in your country your Membership will be automatically terminated upon discontinuance of the services. Snapfish will provide at least 30 (thirty) days' notice prior to such site closure. Any unused free product credits will expire without separate notice upon Snapfish Site closure.

3. Digital Image Storage

Snapfish 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, Snapfish 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. In case your Membership is terminated in accordance with section 2. above your access to the Snapfish site and your content will cease.

4. Member Conduct

We welcome Members who use our service to store creative photos and comments on the Snapfish 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 Snapfish 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.

Snapfish 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 Snapfish does not and will not examine or otherwise review all Content submitted or transmitted to the Service, Snapfish may delete, move, and edit Content for any justified reason, at any time, without notice.

Snapfish 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.

5. Software

Snapfish 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 Snapfish UK, Ltd, whose principal address for business is Dakota House, Brunel Road, Newton Abbot, Devon, United Kingdom, YQ12 4PB ("Snapfish"). 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) Snapfish delivers the products only to destinations within Ireland and to Customers having permanent address in the Ireland.

(3) Your order is a binding offer with obligation to pay, subject to acceptance by Snapfish at Snapfish'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.

(4) Snapfish reserves the right to cancel any order prior to delivery at Snapfish'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 Snapfish 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, Snapfish will immediately issue an appropriate credit to your credit card account.

(5) Where an order has been accepted by Snapfish, but prior to dispatch Snapfish discovers the order to be in breach of these Terms and Conditions, Snapfish may not dispatch such order. In such circumstance, Snapfish 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.

(6) As the products are individually produced, an approximate availability and delivery time are shown alongside the product description prior to order completion. The products will be delivered as soon as they are available. The times are estimates only and cannot be guaranteed. Delivery will however occur at latest within thirty (30) days from the order acceptance by Snapfish.

6.2. Prices, Shipping Charges and Payment

All prices are set out in Euros (€) and are inclusive of statutory VAT and are subject to the delivery charges stated on our website. Prices, shipping charges and payment terms shall be as specified on the Snapfish Site. Snapfish reserves the right to change prices published on the site at any time. Snapfish may change credit or payment terms at any time if, in Snapfish's reasonable opinion, your financial condition, previous payment record or the nature of your relationship with Snapfish so warrants. For Paypal orders your account will be debited after passing the fraud check (normally 1 day) after the order acceptance.

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. Risk of loss and damages pass to you upon delivery.

6.4. No 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) Your acceptance of the products occurs upon delivery of the products and will be presumed unless you notify us of defects by visiting www.snapfish.ie/help as soon as reasonably possible but in any case no later than within 28 days after the delivery, or in the case of non-delivery, you must notify Snapfish 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) It is important to notice that all sizes mentioned in the site are approximate and some deviations can be expected as the products are created on an individual basis.

7. Legal Guarantee

If you have accepted goods but a fault appears within the first 6 months after delivery, Snapfish will at your request on notification, repair or replace the defective goods or, where such remedy is disproportionate or impossible, offer a refund or price reduction. From 6 months after delivery, you need to prove to Snapfish that the defect was present at the time of delivery in order to invoke such rights. Snapfish may test products upon return and charge you any costs incurred by Snapfish if you wrongly claimed that returned products were inoperable or defective. If you do have a right of return, Snapfish will either collect the products or pay the costs of returning them.

8. 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.

9. 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 Snapfish from and against all losses, claims, liabilities, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms by you.

10. Liability

(1) We shall have no liability for any temporary loss or discontinuance 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.

(3) Nothing in these Terms and Conditions shall exclude or limit Snapfish'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 Snapfish delivered their services to you, they are deemed modified to be consistent with such local mandatory laws.

11. Privacy

(1) You agree that any personal information you provide to us in connection with the Snapfish services may be dealt with by our parent company Snapfish2, LLC in accordance with the terms specified in the Snapfish2, LLC Privacy Statement available at the bottom of the Snapfish site. We handle your personal information in accordance with applicable laws and regulations and the Snapfish2, LLC 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. You agree that your personal data may be transferred to other affiliates within the Snapfish corporate group, which may be located outside of the European Union, and in particular to Snapfish Corporate entities in the USA, for the purpose of providing the service and that your image data is stored on servers within the Snapfish corporate group within or outside of European Union and/or Switzerland. 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 Snapfish partner websites which offer digital photo printing products and services supported by Snapfish (as indicated on the partner website), Snapfish 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. Snapfish shall process any personal information received from a Snapfish partner in accordance with this clause 11.

(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) You agree that we may use your personal information provided by you to conduct appropriate anti-fraud checks. Personal information that you provide may be checked against a credit reference or fraud prevention agency which may keep a record of that information.

(6) You are entitled to have access to and verify the accuracy of your information in accordance with the Snapfish Privacy Statement.

(7)For further information, please see the Snapfish Privacy Statement.

12. Termination

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 Snapfish users, our Snapfish 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 Snapfish Customer Support  if you wish to terminate your Membership.

13. Other

(1) These terms are governed by the laws of England and Wales under exclusion of the UN Convention on the International Sale of Goods.

(2) Any disputes between us will be settled in accordance with the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the Courts of England and Wales.

(3) Snapfish UK, Ltd. is registered in the United Kingdom with number 09577995 and with a registered office of Dakota House, Brunel Road, Newton Abbot, Devon, TQ12 4PB United Kingdom.

Important Note: If you, for any reason, do not have access to any of the conditions referenced in these Terms, such as the Snapfish Privacy Statement, we ask you to contact Snapfish customer support. The Terms and additional conditions referenced therein that are in effect at the time you submit your order will govern such order, so you are encouraged to print and keep a copy of them for your future reference. To the extent that these Terms, are inconsistent with the statutory laws of England and Wales, they are deemed modified to be consistent with such local law.