Tesco Photo terms and conditions.
Please read these terms and conditions (the "Terms") carefully as they affect your rights and responsibilities under the law and set out the terms under which We make available the online Photo service and its associated applications (the "Service") for the purchase of Our products ("Products").
THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS
Operator
Tescophoto.com and its associated applications (the "Site") is operated and maintained by Max Spielmann Limited ("Max", "We", "Us" or "Ours") on behalf of the owner, Tesco Stores Limited, Tesco House, Shire Park, Kestrel Way, Welwyn Garden City, Herts, AL7 1GA, 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, Wythenshawe, 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.
The Service
These 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 our 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. 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 to be made for you and terminate any access permission granted to you by Us forthwith, without notice to you. Any photos you upload to the Service will only be retained by Us as defined in our Privacy Policy and any projects you create on the Service will only be stored whilst you are editing them. You should always back up your photos on your own computer.
Delivery
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. 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 checkout process within the time period stated in the checkout once your Order has been 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 of that delay. Delivery times may be extended over Bank Holidays.
Collect In Store Service
Orders will be ready for you to collect you at the Max Spielmann Photo Centre in the store you select and within the time period stated in the checkout once your Order has been 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 availability of the Products or any loss or damage caused as a result of that delay. Delivery times may be extended over Bank Holidays.
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.
We reserve the right to no longer accept orders from You if you do not collect items which are for payment in-store and will not credit your Clubcard account for those orders.
Returns
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 a Photo Centre colleague who will advise how to arrange a full refund or replacement product. 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.
Payment
The prices payable for the Products that you order are 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. Orders for collection in-store can be paid for on collection by cash or card.
Promotional offers
Only one discount code can be used per order and only apply to full-priced items. They cannot be used in conjunction with any other offer or on items that are already discounted.
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.
Any product credits that you purchase must be used before they expire. If you do not use your credits before expiry We will be unable to refund any un-used credit balance.
General
These Product Terms are subject to English law. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way We deal with any disagreement and you want to take escalated proceedings, you must do so within the United Kingdom. We reserve the right to modify, suspend or discontinue this Service (or any part of it) without notice to you and shall not be liable to you if We exercise these rights. Except as expressly set out in these Product Terms, all use of your personal information will be made in accordance with the Privacy Policy.
Customer Services
If you have an order query or complaint, Click Here to contact us.
Last update: 11th April 2018
