Terms and Conditions
myFUJIFILM Terms & Conditions
Welcome to the myFUJIFILM photo and imaging service terms and conditions (“Terms and Conditions”).
These documents constitute the entire agreement between us (FUJIFILM UK Limited) and you with respect to your use of the myFUJIFILM photo and imaging service offered via our website (the “Service”), the uploading and submission by you of any Content to the Service, the ordering of, and payment for, Products by you and the production and delivery of those Products in fulfilment of those orders.
We reserve the right to change these Terms and Conditions at any time. We recommend you check these Terms and Conditions for changes each time you use the Service and before placing any order.
Please read these Terms and Conditions carefully. You must comply with these Terms and Conditions to access or use the Service. By accessing or using the Service or placing any order for Products, you accept these Terms and Conditions and agree to be legally bound and subject to them. Acceptance of these Terms and Conditions creates a binding legal agreement between you and us that you will comply with these Terms and Conditions and use the Service only in a manner consistent with these Terms and Conditions. If you do not agree with these Terms and Conditions, do not access the Service or use any of its services.
In these Terms and Conditions the following expressions shall have the following meanings unless otherwise stated:-
“Business Day” means any day other than a Saturday, Sunday or public holiday in the United Kingdom;
“Consumer" means an individual acting for purposes which are wholly or mainly outside that individual's trade, business, craft or profession;
“Content" means any images, photographs or other materials or content submitted or uploaded to the Service;
“Contractors” means any of our agents, contractors and sub-contractors who are engaged in the creation, provision or maintenance of the Service or in the production of Products and the fulfilment of orders for Products made through the Service;
“Photo Gifts Returns and Refunds Policy” means the policy set out below these Terms and Conditions and elsewhere on our website regarding our Products;
“Product” means any printed photo or photo gift or other product that is offered for sale and may be ordered through the Service; and
"you" and "your" means the person registering for, accessing or using the Service, or ordering Products from us, under these Terms and Conditions.
- Becoming a Member
To become a member of the Service you need to open an account. You will need to enter your name, your chosen password and your email address (which must be a genuine email address). Confirmation of your membership will be sent to you by email. We may at our absolute discretion, refuse to accept your application to become a member of the Service. Once you are a member of the Service we will enable you to use all of the photo and imaging services described on the Service for members. We only permit one membership for each genuine email address. Your email address will be used for sending you all notices. By using the Service, you represent that the information you provide about yourself when registering or placing an order or otherwise is true, accurate and up-to-date. You do not have to join as a member of the Service in order to be able to use the Service.
- Your Password and Account
(a) You are responsible for maintaining the confidentiality of your password and account details. You are solely responsible for the activity which occurs on your account. You must notify us immediately of any breach of security or any unauthorised use of your account. We will not be liable for any losses caused by any unauthorised use of your account unless we are at fault (in which case clause 9 applies). However, you may be liable for our losses or the losses of others due to such unauthorised use.
(b) You must make all reasonable efforts to keep your password safe. If you have forgotten your password you may click the Forgot My Password button in your account and we will email you a link to enable you to reset your password. We will keep you informed of the status of your account during your membership via your email.
- Termination of Membership
(a) Access to the Service is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service without notice. We may terminate your membership by notice with immediate effect if you are in breach of these Terms and Conditions. We also reserve the right to terminate your membership at our discretion in which case we will endeavour to give you reasonable notice (or at least two days' notice). We will endeavour to fulfil any orders for Products placed by you in accordance with these Terms and Conditions prior to the termination of your membership, provided that we may at our option decline to fulfil all or part of any such orders, in which case you will be refunded by us for the order or relevant part.
(b) If you wish to terminate your membership at any time, you may do so by advising us by email. Please email us at email@example.com and put “myFUJIFILM customer account” in the email header.
(c) If your membership is terminated, you will no longer be able to access the Service and we may at our discretion remove your materials from the Service. We are not responsible for any loss of data resulting from removal of or deletion of Content.
- Children Not to Order Products or Submit Images
(a) We are particularly concerned to preserve and protect the privacy of children and their personal information.
(b) If you are under the age of 16 years you must not apply to become a member of the Service. Please do not attempt to submit any photos or other information about yourself to us (such as your name, address, telephone number or email address) or order any Products from us.
(c) If you are aged from 16 to 18, you should obtain permission from your parents or guardians before applying to become a member of the Service, sending any photos or other information about yourself to us or ordering any Products.
- Your Copyright
(a) Generally under copyright laws the owner of the copyright in images or photographs is the person who created the images or took the photographs. You represent and warrant to us that you are the owner of the copyright or have the express permission of the owner of the copyright in the Content which you submit to the Service.
(b) We claim no ownership rights in any Content submitted by you to the Service. You hereby grant to us and our Contractors a worldwide non-exclusive, transferable, royalty-free licence to use, copy, display, modify, transmit and distribute any Content (including images or photographs) submitted by you to the Service in such manner as we and our Contractors consider reasonably necessary solely for the purposes of providing the Service to you and fulfilling your orders for Products.
(c) Third Party Copyright Claims: We respect the intellectual property rights of others. We may disclose your identity to any third party who is claiming that Content uploaded by you infringes their intellectual property rights or right to privacy. Without limiting any of our other rights and remedies under these Terms and Conditions (including clause 8(b)) if we receive any such claim, or if any such claim is brought to our attention, we may refer it to you. It is your responsibility to: i) resolve any claim referred to you; and ii) ensure that the claimant confirms to us in writing that the claim has been resolved, within seven (7) days of the date on which the claim was referred.
- Intellectual Property Rights
(a) Any trade marks, trade names or logos displayed on the Service are the property of their respective owners and must not be used in any manner without the prior written consent of the owner.
(b) Other than Content which you have submitted to the Service, you should assume that all of the Content that appears on the Service or which is made available to you through the Service, including photographic images, is owned by third parties and is protected by copyright or other proprietary rights. You must not modify, copy, reproduce, republish, frame, upload, post, transmit or distribute such Content in any way except as expressly permitted by the Service or expressly authorised in writing by the owner of that Content. You agree not to alter or remove any information, consent or other proprietary notice or legend on any Content, unless you are the owner of the intellectual property rights in that Content.
- Materials and Content Not Permitted on the Service
(a) Any Content submitted by you to the Service is subject to our review. While we reserve the right to review, monitor, remove or delete Content, we are under no obligation to do so.
(b) We reserve the right at our sole and absolute discretion to restrict access to the Service, refuse to display Content on the Service, remove Content from the Service or refuse to use any Content submitted by you for use in the production of a Product if we consider it necessary or appropriate, including without limitation if we receive a written complaint alleging copyright infringement or if Content is deemed by us to be objectionable, to potentially infringe any third party rights or to be contrary to applicable laws or otherwise unsuitable for use in the production of a Product.
(c) If in our sole judgment any Content uploaded by you is in violation of applicable laws (including without limitation laws relating to child pornography, child abuse and animal abuse) such Content will be reported by us to law enforcement authorities.
(d) Without limiting the above in any way, you are not permitted to post, upload, email, publish, transmit or otherwise make available any Content which:-
- is, or we believe is, offensive, personally offensive, defamatory, abusive, obscene, upsetting, menacing, threatening, harassing or pornographic;
- is illegal under any law or regulation at any place where Content is posted or uploaded from and / or viewed, and / or received, or infringes any industry code of conduct;
- in the case of Products ordered through the Service, is illegal under any law or regulation at any place where those Products are to be delivered;
- infringes the intellectual property rights or rights to privacy of any person; or
- in our opinion may bring us or the Service into disrepute.
(e) You are not permitted to use the Service:-
- to engage in any activities in such a manner as may expose us or our Contractors, to liability or adversely affect our name, reputation or business or those of our Contractors;
- to do any act that may damage or interfere with the Service, network or systems or cause the quality of the Service to be impaired; or
- to commit a crime or in the course of committing a crime or for an unlawful purpose.
- Our Liability to You
(a) If you are a Consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights. Clause 14 of these Terms and Conditions contains details of how to contact us to address a possible claim regarding Products which are faulty or not as described and arrange for their return.
(b) This Clause 9 of these Terms and Conditions does not exclude any commitments given by us in our Photo Gifts Returns and Refunds Policy.
(c) Your access of or use of the Service is at your own risk. You should take appropriate steps to back-up Content submitted by you to the Service and to protect your device against any damage that could result from your access to or use of the Service. The Service, the uploading of Content to the Service, the transfer of any Content for use in the production of Products and the ordering of Products through the use of the Service may not be error free or uninterrupted. We do not give any commitment in relation to the security, reliability, timeliness and performance of the Service and any of those other functions. To the extent permitted by law we and our Contractors are not responsible for interruption of the Service, linkage to any third party sites, damage to your device, damage to other property or loss of Content or other data resulting from your access to or use of the Service.
(d) Our and our Contractors' total aggregate liability to you in connection with the provision or non-provision of the Service or any Products or otherwise in connection with the subject matter of these Terms and Conditions, whether arising in contract, tort, misrepresentation or otherwise, will in all circumstances be limited to:
- where the Photo Gifts Returns and Refunds Policy applies, us or our Contractors providing you with the remedy or remedies set out in that document;
- where such liability otherwise arises in relation to any specific order(s) of Products, the price paid by you in respect of that or those order(s); or
- where the Photo Gifts Returns and Refunds Policy does not apply and such liability arises other than in relation to any specific order(s) of Products, the sum of £50.
If you are a Consumer we will also be liable for any other losses or damage you suffer which are a foreseeable consequence of the provision or non-provision of the Service or any Products or otherwise in connection with the subject matter of these Terms and Conditions. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us or one of our Contractors during the sales process.
(e) Nothing in these Terms and Conditions excludes or limits our liability for any matter for which it would be illegal for us to exclude or attempt to exclude our liability to you. If you are a Consumer by this we mean that nothing in these Terms and Conditions shall limit or exclude in any way our liability for any breach of the terms implied by the Consumer Rights Act 2015, for death or personal injury caused by our or our Contractors’ negligence or for fraud or fraudulent misrepresentation.
- Your Liability to Us
(a) You agree to indemnify us and hold us harmless from and against the amount of any and all damages, losses, liabilities, costs or expenses (including but not limited to legal and professional costs) we incur arising from:
- your breach of any term of these Terms and Conditions unless you are a Consumer;
- any third party claim that any Content uploaded by you, or any Products made to that Content, infringe any intellectual property rights or rights to privacy of that third party; or
- any other third party claim arising from or in relation to your use of the Service.
(b) The provisions of this clause 10 will survive the termination of any contract formed on these Terms and Conditions.
- Orders for Products
(a) After placing an order, you will receive an e-mail from us acknowledging that we have received your order and confirming your order number. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product that you have created online using the tools within the website. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the "Dispatch Confirmation"). The contract between us ("Contract") will only be formed when we send you the Dispatch Confirmation. We recommend you carefully preview the Products to be ordered by you and the choices made by you for their production before ordering, and ensure you are satisfied before adding them to your Shopping Cart.
(b) We reserve the right at any time after the receipt of your order to accept or decline your order for any reason, in which case we will e-mail you as soon as we can to let you know. If we decline your offer on security grounds we may contact you to seek an alternative payment method.
(c) The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
(d) Full payment for all orders of Products and all applicable delivery costs is taken at the time of ordering. We will charge your debit card or credit card at the time of ordering.
(e) If you are a Consumer you may have a general legal right to cancel a contract; however due to the personalised and/or custom-made nature of the Products ordered through the Service, no order for Products placed by you through the Service may be cancelled once accepted by us. However, if you believe you have placed an order in error, or if you wish to adjust an order, please contact us in the manner detailed in clause 16 below and we will assess whether in the circumstances we are able to assist you.
(f) The quoted price of any Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. The price of a Product does not include delivery charges. The delivery charges are as quoted separately on the website from time to time.
- Price and Payment
(a) The price of any Products will be as quoted on our website from time to time, except in cases of obvious error.
(b) These prices include VAT (charged at the rate applying at the time of delivery).
(c) Promotions cannot be used in conjunction with any other offer.
(d) Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
(e) Our site may contain, from time to time, a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our website may be incorrectly priced. We will normally verify prices as part of our dispatch procedure so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
(f) We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
(g) Payment for all Products must be made on placing an order by credit or debit card or via your Paypal account.
(h) We take security and customer service very seriously and have implemented a fully hosted payment solution provided by PayPal in order to protect your credit or debit card details.
(i) PayPal is compliant to the highest level (level 1) of the PCI-DSS (Payment Card Industries Data Security Standard). PayPal collects and processes card details on its system at the time of order. PayPal stores card details for a period in order for us to issue refunds etc. and our employees only have access to limited and anonymised card details held within the PayPal systems for these purposes.
(j) We do not, at any time, store or transmit any sensitive card details.
(k) When you send us your personal information, the links between our site and our server are encrypted using industry standard methods - usually referred to as SSL (256 bit encryption).
(a) We will use reasonable endeavours to ensure that within 14 Business Days of the payment for your order for Products, those Products shall be provided by us to a third party carrier for delivery to you. Ordinarily, delivery of an order to you may be expected within the period specified for delivery on the website. However we cannot accept responsibility for delivery failures or delays by other third party carriers and time shall not be of the essence in relation to any delivery of Products under these Terms and Conditions.
(b) We may deliver Products in instalments. Each instalment will be a separate Contract.
(c) Delivery is only made to UK addresses. We regret we are unable to deliver to BFPO addresses.
(d) While we endeavour to hold sufficient raw material stock to produce all orders, if we have insufficient stock to produce or deliver Products which have been ordered and paid for by you, we may, at our discretion, supply or deliver a substituted Product or refund you the price paid for such Products as soon as possible and in any case within 30 days.
(e) We may decline to deliver Products to your premises if we believe it would be unsafe, unlawful or unreasonably difficult to do so and we may suspend any delivery (and charge you all costs we incur as a result including storage) until your premises are satisfactory for delivery.
(f) We reserve the right to cancel any accepted order prior to delivery, at our discretion (whether or not your debit/credit card has already been charged), in case of any material errors in connection with your order or your failure to comply with these Terms and Conditions or any other terms relevant to your order. If your payment has already been made and your order is cancelled by us, we will immediately upon confirmation issue an appropriate refund.
(g) If you are not a Consumer, delivery takes place either:
(i) upon completion of loading at our premises; or
(ii) upon completion of off-loading at our premises (if we are arranging carriage).
(h) If you are a Consumer, delivery will be completed when:
(i) we deliver the Products to the address in the UK you gave us; or
(ii) if no one is available at your address in the UK to take delivery, when the delivery agent or shipper leaves a note that the Products have been stored at a local collection point (for example Post Office or Royal Mail depot), in which case you can collect or rearrange delivery.
(i) You must inspect Products on delivery. If Products are damaged (or not delivered) you must email us via firstname.lastname@example.org within thirty (30) days of delivery. We will then issue a confirmed claims number by email and you must return the damaged Products to us, following our instructions.
(j) In line with our company policies on sustainability and environmental responsibility we ask that you carefully dispose of all packaging supplied with our Products.
- Refunds Policy
(a) Please refer to our Photo Gifts Returns and Refunds Policy. Because of the customised nature of the Products, refunds are only accepted for manufacturing faults and defects and/or transit damage.
(b) We will accept the return of the Products from you only:
(i) by prior arrangement (confirmed in writing to email@example.com by email with a confirmed claims number);
(ii) with the original packaging materials.
(iii) in accordance with any other instructions provided by us on delivery.
(c) When you return a Product to us:
(i) We will process the refund due to you as soon as possible and, in any case, within 30 days of the day we have received the returned items. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
(ii) In respect of Products returned by you because of a manufacturing fault or defect we will refund in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
(d) We will usually refund any money received from you using the same method used by you to pay for your purchase.
(e) We may charge a reasonable fee to you for examining the returned Products but we will waive that fee if the Products are found to be defective.
- Reproduction of Colours, Uploading of Images and Your Responsibilities
(a) Reasonable efforts are made to display the colours of Products (including colours to be reproduced from Content uploaded by you) that appear on the Service as accurately as possible, however the colours displayed to you on your computer or mobile device screen are dependent on the screen settings and may differ from the actual colours of the Products.
(b) Before confirming an order for a Product, it is your responsibility to edit any images uploaded by you for use in that Product, including without limitation by cropping the image to your requirements and ensuring the image meets the degree of resolution required by you or the minimum resolution recommended for that Product.
(c) We will not be liable to compensate you, give you a refund or to reproduce any Products:
- if the actual colours of Products provided to you or their tones differ to the colours of those Products as displayed to you on the Service (unless this is due to fault on the part of us or our Contractors in connection with the production of those Products); or
- in relation to the poor quality of prints or images incorporated in Products as a result of improper cropping by you or the failure of the image uploaded by you to meet the minimum resolution recommended for that Product.
- Notice/Order Enquiries
If you wish to give us notice under these Terms and Conditions, or have any query about the progress of your order for any Products, please email us at firstname.lastname@example.org and quote your order number if applicable (as provided by us on acceptance of your order).
If we wish to give you notice under these Terms and Conditions, we will do so by email to the email address provided by you in relation to your account for the Service.
- Photo Storage
(a) The Service’s photo storage facility is known as My Photos.
(b) When you become a member of the Service you receive free storage of images for your photo albums for 3 months’ from the date of activation. Thereafter, you will maintain free storage for your albums provided that a verified print order is made at least once every 3 months either by you yourself or by someone with whom you have shared your albums. From the date each verified order is received, the membership will be credited with free storage for the following 3 months i.e., the 3 months free storage period re-starts with each print order. The maximum period of free storage at any point in time is 3 months. However please note that the Service is not intended to be a permanent storage system and the provisions of the following paragraph apply to your Content.
(c) At the end of the free storage period we may, at our option and without notice, terminate your membership and remove and/or delete your Content.
(d) We are not responsible for any loss of data or images resulting from removal and/or deletion of Content.
- Events Outside Our Control
(a) We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Event Outside Our Control").
(b) An Event Outside Our Control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(i) strikes, lock-outs or other industrial action;
(ii) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(iii) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(iv) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(v) impossibility of the use of public or private telecommunications networks; or
(vi) the acts, decrees, legislation, regulations or restrictions of any government.
(c) Our performance under any Contract is deemed to be suspended for the period that the Event Outside Our Control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Event Outside Our Control to a close or to find a solution by which our obligations under the Contract may be performed despite the Event Outside Our Control.
- Entire Agreement
(a) These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.
(b) A person who is not a party to the Contract shall not have any rights under or in connection with it.
(c) We each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty ("Representation") of any person (whether a party to that Contract or not) other than as expressly set out in these Terms and Conditions.
(d) All brochures, catalogues, websites and other promotional materials are to be treated as illustrative only and do not form part of any Contract between us.
(e) Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these Terms and Conditions.
(f) Nothing in this clause shall limit or exclude any liability for fraud.
- Governing Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.
If any court of competent jurisdiction finds any provision or part thereof of these Terms and Conditions to be illegal, invalid or unenforceable that provision or part thereof shall be severed from these Terms and Conditions and the remaining terms and provisions of these Terms and Conditions shall remain in force.
The failure by us to enforce any right or provision of these Terms and Conditions will not restrict us from enforcing it now or in the future.
PHOTO GIFTS RETURNS AND REFUNDS POLICY
The images of products on our website are for illustrative purposes only. Although we make every effort to display the colours accurately, it will be affected by things such as the resolution and screen settings on your device and we cannot guarantee that the display of the colours fully reflect the colour of the actual products. Therefore, products may vary slightly from those images. The packaging of products may also vary from that shown on images on our website.
Because of the customised nature of made to order products or products where customers will be using their own images, text and designs, we are not able to resell or restock such products. Therefore refunds are not accepted for made to order products or products where customers will be using their own images in circumstances where:
- colours vary slightly from the images shown on our website
- the customer has changed their mind or no longer requires the product they have ordered
- there are customer errors including poor image quality, poor placement of images, blank pages within or on surfaces of products and/or spelling mistakes on products where text creation is allowed; or
- only the outer packaging is damaged from transit but the product itself is undamaged