Tescophoto.com Product Terms & Conditions
THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS
Tescophoto.com and its associated applications (the "Site") is operated and maintained by Max Spielmann Limited ("Timpsons", "We", "Us" or "Ours") on behalf of the owner, Tesco Stores Limited, Tesco House, Delamare Road, Cheshunt, Herts, EN8 9LS, with Company Registration No. 00519500 and VAT No. GB 220430231.
Max Spielmann Limited is a company registered in England whose registered office is at Timpson House, Claverton Road, Wythenshaw, Manchester, M23 9TT, with Company Registration No. 06776700 and VAT No. 217915261.
When you enter into a contract you will be entering into a contract with Max Spielmann Limited.
These Product Terms will not form a binding contract between you and Us for the purchase and supply of the Products until the following conditions have been met: (a) you have submitted your offer to buy certain Products (your "Order") using the order facility provided; and (b) We notify you by e-mail that your Order for those Products has been accepted and that We agree to supply the Products to you in accordance with your specified method of delivery. Once a binding contract exists, We will supply goods that conform with your Order.
We will use reasonable endeavours to respond to your Order within a reasonable length of time but the service is provided on an "as is" and "as available" basis, and We make no representation or warranty that the Service offered will be accessible, or usable by you, or error free. We reserve the right without notice to you, to suspend or alter the operation of the Service, at its sole discretion or for legal or technical reasons. We will give you as much notice as possible prior to taking any such actions but prior notice may not always be feasible for a variety of reasons. All promotional offers (the "Promotion") provided as part of the Service from time to time are limited to one Promotion per customer. If you register multiple accounts or register more than one account per household, We reserve the right to withdraw the Promotion and cancel any related Orders.
Due to the personalised nature of an Order, you will not be able to cancel an Order after you have submitted it because We may have already started to fulfill it.
Use of the Service
You agree only to send to Us images in which you own the copyright (e.g. you took the photographs or they were taken with your permission with your camera) or images which you are authorised to send to Us. You agree not to send Us any images which may be objectionable. You agree not to infringe the intellectual property rights of any third party. By sharing your images using the sharing facility on the Site, you agree that the person or persons receiving the shared images / albums may edit and print any such images. You agree to be responsible for any claims, costs, expenses or legal proceedings caused as a result of your use of this Service in contravention of this section.
Further, in these circumstances, We shall be entitled to cancel any pending orders for Products made by you and terminate any access permission granted to you by us forthwith, without notice to you. A condition of membership and unlimited storage is your "Active Participation" in the Service. Active Participation is defined as logging onto the Tesco Online Printing Service and placing one order at least once every 365 days. If your member account is inactive for a period of over 365 days, We may terminate your membership (or any part thereof) or use of the Service, and remove and discard any content, including but not limited to any and all information, communications, postings, albums, image files or any other content within the Service. So you should always back up your photos on your own computer.
Use of Location Services when using a Tesco Photo mobile app
To use the Tesco Photo mobile app you must enable location services on your mobile phone. Your location details will only be used to show you the nearest Tesco retail store to your location with a Photo Centre. Your location details will not be stored by Us or any third party. Please note that your final choice of pick-up store will be stored so that We can print your order in that store and any store you select as your favourite will also be stored for your convenience.
Prints can be delivered to you using a Mail Order Service or collected by you from your chosen Tesco store (subject to availability) using Our Collect In Store Service. Personalised newspapers can only be delivered to you using Our Mail Order Service. Please note that We only deliver to addresses within England, Scotland, Wales and Northern Ireland.
Mail Order Service
Orders will be delivered to you at the address given by you during the registration process within 7 days (some Products, will take up to 14 days for delivery) of your Order being accepted by Us unless an alternative timeframe is notified to you by Us prior to the expiry of specified delivery period. However, the time of delivery is an estimate only and We shall not be liable for any late delivery of the Products or any loss or damage caused as a result. Delivery times may be extended over Bank Holidays.
Collect In Store Service
Unless We tell you otherwise, prints will be available for collection by you in your chosen store as follows: (a) For orders of less than 200 prints which do not contain 10x8" or 12x8" enlargements, 1 hour after your Order is accepted; or (b) For orders containing more than 200 prints and/or 10x8" and 12x8" prints, 24 hours after your Order is accepted. All other products will be available for collection in 7 days (some Products, will take up to 14 days for delivery). Delivery times may be extended over Bank Holidays.
These timings for collection are an estimate only and We shall not be liable for any delay in the availability of the Products or any loss or damage caused as a result of that delay. The Collect In Store Service is subject to availability in the Tesco store of your choice.
We reserve the right to dispose of any uncollected Products after 3 months from the date of your Order.
In the event that the Products are damaged or defective or do not match the description specified in this Service and you are using the Collect In Store Service, you can speak to Photo Centre colleague who will advise how to arrange a full refund. If you are using the Mail Order Service you may send the Products back to Us within 14 days of receipt by you. In those circumstances, We will provide a full refund of the Purchase Price together with the return postage and packing. In the event that you return any Products to Us in accordance with this section and We can demonstrate that they were not faulty when received by you, We reserve the right to refuse to offer a refund or return the Products to you and to claim the cost of such return postage from you.
The prices payable for the Products that you order are clearly set out on the Site. If, by mistake, We have under-priced an item, We will not be liable to supply that item to you at the stated price, provided that We notify you before your order is accepted. All prices are expressed inclusive of any VAT payable unless otherwise stated.
You can pay by any Mastercard or Visa credit card or most debit cards. Your credit or debit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of order. You will be charged for items at this time.
Refunds on promotional offers
Refunds for goods purchased under a promotional offer will be based on the terms of the promotional price. Your statutory rights are not affected.
If you have an order query or complaint, Click Here to contact us.
Last update: [28/4/2014]