Terms & Conditions
FUJIFILM UK LIMITED TERMS FOR THE FUJIFILM CREATE ONLINE SHOP
The terms and conditions on this page (the "Terms") together with the pages and documents referred to on it tells you information about us and the terms and conditions on which we supply any of the products ("Products") listed on our site http://www.fujifilmcreate.co.uk ("our site" or "website" or "Fujifilm Create") to you. Please read these Terms carefully before ordering any Products from our site. You should understand that by ordering any Products from our site, you agree to be bound by these Terms and any other documents expressly referred to in them.
Please click on the button marked "I Accept" at the end of Products ordering process before you make your payment if you accept them. Please understand that if you refuse to accept these Terms, you will not be able to order any of the Products from our site.
We amend these Terms from time to time as set out in clause 28. Every time you wish to order Products from our site, please check these Terms to ensure you understand the terms which will apply at that time. You should print a copy of these Terms or save them to your computer at the time of order for your future reference.
1. INFORMATION ABOUT US
http://www.fujifilmcreate.co.uk is a site operated by Fujifilm UK Limited ("We/Us"). We are registered in England and Wales under company number 01264514 and our registered office is at Unit 10a, St Martins Business Centre, St Martins Way, Bedford, MK42 0LF. Our main trading address is Unit 10, St Martins Business Centre, St Martins Way, Bedford, MK42 0LF. Our VAT number is GB 234797335.
To contact us, please see our Contact Us page at:
2. DESCRIPTION OF SERVICES
Fujifilm Create provides users with a series of online tools enabling them to upload images and add other material including text based annotations and comments ("Content") to create customised photographic products ("Services"). In order to use the Services you must have access to the world wide web, and pay any subscription, service or telephony fees associated with gaining this access. In addition you must provide all equipment necessary to make such connection to the world wide web.
3. OUR PRODUCTS
3.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
3.2 The packaging of the Products may vary from that shown on images on our site.
3.3 All Products shown on our site are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available and we will not process your order if made.
4. YOUR REGISTRATION OBLIGATIONS AND SUPERVISING CHILDREN
4.1 You agree that when using the Services provided by Fujifilm Create that you will:
4.1.2 provide true, accurate, current and complete information about you as prompted by the registration form (such information being the "Registration Data"); and
4.1.3 maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
4.2 We are concerned about the safety and privacy of all its users, particularly children. For this reason, parents who wish to allow their children access to the Services should assist them in setting up any relevant accounts and supervise their access to the Services. By allowing your child access to the Services, you accept that they will be able to access all of the Services. Please remember that the Services are designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or website content or your Content is appropriate for your child. You should make your children aware of the potential risks to them and their obligation to comply with the Rules and these Terms when using our site and Services.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
5.1 You will create a password and username upon completing the registration process. You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all activities that occur under your username and password. You agree to:
5.1.1 immediately notify us of any unauthorised use of your username and password and any other breach of security; and
5.1.2 ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this clause 5.
5.2 If you do not comply with any of the provisions of these Terms, we have the right to suspend or terminate your account without warning and refuse any or all current or future use of the Services (in whole or in part).
6. SERVICE AVAILABILITY
Our site is only intended for use by people resident in the United Kingdom. We do not accept orders from outside the United Kingdom.
7. USE OF OUR SERVICE
7.1 You may upload digital images to our site yourself. Images uploaded to our site must be digital images in JPEG format.
7.2 Images uploaded by you will (subject to the restrictions in these Terms) be available for viewing by you in a photo album accessible through your account using your username and password.
7.3 You will not use our site (or to copy or use any material from our site) for any commercial purpose other than to conduct a commercial transaction with us. This includes allowing access to your account to view your photo album in return for payment or for any other commercial purpose.
7.4 You are not permitted to register multiple accounts for use by the same person unless specifically authorised by us in writing. Breach of this clause 7.4 may result in immediate suspension of your account.
7.5 In using our Services you will not upload any Content which is: defamatory of any person; pornographic, obscene, indecent or offensive; infringing any copyright, trademark, database or other intellectual property right of any third party; or in any way unlawful.
8. UPLOADED CONTENT AND IMAGES
8.1 Although we prohibit the uploading of certain types of image to our site, we cannot control, nor do we monitor the use of our site. It is possible that images or other material may appear on our site which are unlawful or offensive and contravene our restrictions on Content set out above. We are not responsible for such images or material but if you become aware of any such images or material on our site please contact us without delay.
8.2 We may at our discretion contact law enforcement authorities if we are made aware that anything unlawful is occurring or has occurred in relation to our site including the uploading of any images in breach of the above restrictions on Content. We may provide copies of any relevant Content to law enforcement authorities and in that connection may also give them access to any personal data that is held by us to the extent permissible by law.
8.3 We may without notice and at our sole discretion delete or remove any image that has been uploaded in breach of these Terms.
8.4 We may refuse to provide any further Services to anyone who breaches these Terms.
8.5 You will indemnify us and our officers and employees against any action, claim, damages, liability, costs and expenses arising out of:
8.5.1 any use by you or of our site in breach of these Terms;
8.5.2 any claim that the uploading of any images by you or on your behalf is an infringement of any third party's rights of privacy, image rights, copyright, trade mark or other intellectual property rights; or
8.5.3 any claim that the processing, printing or other dealing by us of any images uploaded by you is an infringement of any third party's rights of privacy, image rights, copyright, trade mark or other intellectual property rights.
9.1 You retain all intellectual property rights, including copyright, in those images that you have uploaded to our site where you already own such rights. We are the owner (or the licensee) of all intellectual property rights in our site.
9.2 We may delete, remove or refuse to display any material from your account at our sole discretion.
9.3 We may display, modify, print, transmit or distribute any of the images that you upload, in order to provide any of the Services and Products offered by us through our site subject to these Terms.
9.4 It is a condition of allowing you to use our site and any Services offered through it that you have the right to copy, upload or otherwise deal with those images in relation to our site and to allow us to process and otherwise deal with those images in accordance with these Terms.
9.5 You may not upload any images or other material where you do not have the right to do so or allow us to use such images or other material in accordance with these Terms. For example, you may not take photos from another website or other publication and do anything with them unless you have obtained the permission from the owner of the relevant right.
10. OPERATION OF THE WEBSITE
10.1 We may change the format and content of our site (or any Products or Services offered by our site) at any time.
10.2 We may terminate or suspend the operation of our site (or terminate or suspend provision of any Products or Services offered through our site) for support or maintenance work, in order to update the content or for any other reason. We may do this at any time and without notice.
10.3 You are advised to keep back ups of all Content provided to us. In particular, it is up to you to keep backup copies of images uploaded by you. We will not be responsible for keeping backups or for the loss of, deletion or corruption of any images or any other material uploaded onto our websites.
11. YOUR STATUS
By placing an order through our site, you warrant that:
11.1 you are or the entity you have been authorised to represent is legally capable of entering into binding contracts; and
11.2 if you are a consumer as defined in Regulation 3 of the Consumer Protection (Distance Selling) Regulations 2000 (SI 2000/2334) ("Consumer"), you are at least 18 years old.
11.3 You are a resident of the UK and are placing your order for delivery to a UK address.
12. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
12.1 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.
12.2 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.
12.3 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.
12.4 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.
12.5 Before you can proceed with your order after creating your Product, you will be asked to confirm that your order is correct and the Product you are ordering is correct and in order as you want it produced, free from errors, free from blank pages (unless intentional).
13. CONSUMER RIGHTS
13.1 If you are a Consumer you may have a general legal right to cancel a contract; however as this right does not apply to Contracts for the supply of Products which are customised and unique to you, you can only cancel an order by sending an email to email@example.com within 1 hour of receiving your order confirmation email.
13.2 You will receive a full refund of the price paid for Products in accordance with our refunds policy at clause 17, if Products are damaged in transit and you do not require Products to be made again. We will always try to remake Products before any refund.
13.3 To talk to someone about a remake you must inform us in writing through the website contact form. You must also return the Products to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
14. AVAILABILITY AND DELIVERY
14.1 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is a Force Majeure Event (as defined in clause 24 below). If we are unable to meet the estimated delivery date because of a Force Majeure Event, we will contact you with a revised estimated delivery date.
14.2 We may deliver Products in instalments. Each instalment will be a separate Contract.
14.3 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.
14.4 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.
14.5 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 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.
14.6 If you are not a Consumer, delivery takes place either:
14.6.1 upon completion of loading at our premises; or
14.6.2 upon completion of off-loading at our premises (if we are arranging carriage).
14.7 If you are a Consumer, Delivery will be completed when:
14.7.1 we deliver the Products to the address you gave us; or
14.7.2 if no one is available at your address 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.
14.8 You must inspect Products on delivery. If Products are damaged (or not delivered), you must advise our carrier immediately and confirm this to us in writing through our Contact Us page at www.fujifilmcreate.co.uk/asp/_customerservice/contact.asp 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.
15. PRICE AND PAYMENT
15.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
15.2 These prices include VAT (charged at the rate applying at the time of delivery) but exclude delivery costs, which will be added to the total amount due. Some Photobook products are VAT exempt due to their bound manufacturing. Delivery costs will be quoted by addition to your shopping basket prior to confirmation of your order.
15.3 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.
15.4 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 site 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 site, 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.
15.5 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.
15.6 If the price of the Product you buy is lowered on our site within seven (7) days of the date of your purchase, we will honour the new price and credit the difference. To obtain your credit, please send an email to firstname.lastname@example.org, including your name, address and order number. Please note:
15.6.1 requests for price adjustments must be made within thirty (30) days of the date of payment.
15.6.2 we will honour only one price adjustment per item.
15.6.3 Products purchased using a promotion code are not eligible for price adjustments.
15.7 Payment for all Products must be made on placing an order by credit or debit card. We accept payment by all major credit or debit cards, with the exception of Solo, Electron and American Express.
15.8 We take security and customer service very seriously and have implemented a fully hosted payment solution provided by Stripe in order to protect your credit or debit card details.
15.9 Stripe is compliant to the highest level (level 1) of the PCI-DSS (Payment Card Industries Data Security Standard). Stripe collects, processes and stores the card details on its system at the time of order. Card details are stored with Stripe for 6 months allowing us to quickly issue refunds where necessary. Our employees have no access to any sensitive customer information, including card details held within the Stripe systems. Our employees use reference numbers, supplied to us by Stripe at the time of order, to conduct any refunds or cancellations.
15.10 We do not, at any time, store or transmit any sensitive card details.
15.11 When you send us your personal information, the link between your PC and our server is encrypted using industry standard methods - usually referred to as SSL (128 bit encryption).
15.12 You will indemnify us on demand in full and hold us harmless from all expenses and liabilities we may incur (directly or indirectly and including finance costs and legal costs on a full indemnity basis) following any breach by you of any of your obligations under these Terms.
16. OUR REFUNDS POLICY
16.1 Refunds are only accepted for manufacturing faults and defects and/or transit damage.
16.2 Because of the customised nature of the products on the website where you will be using your own images, text and designs, we are not able to resell or restock these products. Therefore refunds are not accepted for products where the customer has changed their mind or no longer requires the product they have ordered, customer errors including poor image quality, poor placement of images, blank pages within or surfaces of Products, spelling mistakes on products where text creation is allowed, or where only the outer packaging is damaged from transit but the product itself is undamaged.
16.3 We will accept the return of the Products from you only:
16.3.1 by prior arrangement (confirmed in writing to email@example.com by email with a confirmed claims number);
16.3.2 with the original packaging materials.
16.3.3 in accordance with any other instructions provided by us on delivery.
16.4 When you return a Product to us:
16.4.1 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.
16.4.2 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.
16.4.3 We will usually refund any money received from you using the same method used by you to pay for your purchase.
16.4.4 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.
17.1 We warrant that we will perform production with reasonable skill and care.
17.2 We warrant that Products will:
17.2.1 materially comply with their description on our website; and
17.2.2 be free from material defect at the time of delivery.
17.3 Our warranty does not cover:
17.3.1 improper use of Products or modification without our written authority; or
17.3.2 degradation or malfunctions from abnormal environmental causes and poor storage (for example overly damp, hot or cold environments, extremes of humidity).
18. OUR LIABILITY
18.1 Nothing in the Contract shall limit or exclude in any way our liability for:
18.1.1 death or personal injury caused by our negligence;
18.1.2 fraud or fraudulent misrepresentation; or
18.1.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
18.1.4 for any other matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
If you are a Consumer, nothing in the Contract shall limit or exclude in any way our liability for any breach of the terms implied by the Consumer Rights Act 2015.
18.2 Subject to clause 18.1, we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), misrepresentation, breach of statutory duty, or otherwise, for any:
18.2.1 loss of income or revenue;
18.2.2 loss of business;
18.2.3 loss of profits or contracts;
18.2.4 loss of anticipated savings;
18.2.5 loss of data;
18.2.6 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise; or
18.2.7 any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses, even if we have been advised of the possibility of such damages or losses.
If you are a Consumer clause 18.2 will only apply to limit our liability to you where you use the Products for any commercial, business or re-sale purpose.
18.3 Subject to paragraph 18.1 above, if we fail to comply with these Terms, we shall only be liable to you for the purchase price of the Product and, subject to paragraph 18.2 above, any other losses or damage that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure. 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 during the sales process.
18.4 You agree that Registration Data and any personally identifiable information you provide to us in connection with your account may be dealt with by us in accordance with the terms specified in our Privacy Statement available at www.fujifilmcreate.co.uk/asp/privacy.asp.
19. PROTECTION OF PERSONAL DATA
19.1 In deciding whether to accept your order, we may use the information you have given to us, or we already hold about you, or which we receive from any enquiry we may make with our credit checking company to confirm your identity. The credit checking company will check any details we disclose to them against any database (public or private) to which they have access and will keep a record of that check. The credit checking company will also retain this information and may use it in the future to assist other companies with identity verification. This assists us to protect you and us from fraudulent transactions.
20. DISPOSAL OF WASTE PRODUCTS
In line with our company policies on sustainability and environmental responsibility we ask that you carefully dispose of all packaging supplied with our products.
21. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all Contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Unless you are a Consumer, all notices given by you to us must be given in writing to Fujifilm Create Team, Fujifilm UK Limited at Unit 10, St Martins Business Centre, St Martins Way, Bedford, MK42 0LF or by e-mail to firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order.
23. TRANSFER OF RIGHTS AND OBLIGATIONS
23.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
23.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
23.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
24. EVENTS OUTSIDE OUR CONTROL
24.1 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").
24.2 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:
24.2.1 strikes, lock-outs or other industrial action;
24.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
24.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
24.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
24.2.5 impossibility of the use of public or private telecommunications networks; or
24.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
24.3 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.
No failure or delay by either party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
27. ENTIRE AGREEMENT
27.1 These Terms 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.
27.2 A person who is not a party to the Contract shall not have any rights under or in connection with it.
27.3 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.
27.4 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.
27.5 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.
27.6 Nothing in this clause shall limit or exclude any liability for fraud.
28. OUR RIGHT TO VARY THESE TERMS
28.1 We have the right to revise and amend these Terms from time to time.
28.2 You will be subject to the policies and Terms in force at the time that you order Products from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within seven working days of receipt by you of the Products).
29. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.