Terms and conditions

Terms and Conditions for www.aldiphotos.co.uk, a website operated and maintained by Medion Electronics Limited.

This page (together with our Privacy Policy tells you information about us and the legal terms and conditions (Terms) on which we, Medion Electronics Limited make available to you, our online service for the creation of photographic and printed products (the Products) from digital images submitted by you (the Service). The Products available are listed on www.aldiphotos.co.uk (the site).

These Terms will apply to any contract between us and you for the sale of the Products (Contract). Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site. When you enter into a contract, you will be entering in to a contract with Medion Electronics Limited. Aldi Stores UK Limited shall not be party to any contract with you in respect of the Service or the Products.

1. Information about us

1.1    Medion Electronics Limited is a company registered in England and Wales under company number 03678084 and with registered office at 120 Faraday Road, Faraday Park, Dorcan, Swindon, Wiltshire, SN3 5JF.  Our VAT number is 724 3434 52GB.

1.2    Our Customer Services team can be contacted by email at: [Insert Email Address] by telephone on [Insert Number] or by post addressed to Customer Services at 120 Faraday Road, Faraday Park, Dorcan, Swindon, Wiltshire, SN3 5JF.

1.3    Contacting us if you are a consumer:

(a)    To cancel a Contract in accordance with your legal right to do so as set out in clause 6, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our website. We will e-mail you to confirm we have received your cancellation form. Alternatively you can contact our Customer Services team. If you are emailing us or writing to us please include details of your order to help us to identify it. Your cancellation will be effective from the date you send us a cancellation e-mail or post a letter.

(b)    If you wish to contact us for any other reason, including because you have any complaints, please contact our Customer Services team.

1.4    Contacting us if you are a business. Please contact our Customer Services team. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 13.3.

1.5    Use of your personal information. We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

1.6    If you are a consumer you may only purchase Products from our site if you are at least 18 years old.

1.7    If you are a business customer and you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.

1.8    If you are a business customer these Terms and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation based on any statement in this Contract.

 

2.    Use of the site

2.1    We do not guarantee that the site or its contents will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the site without notice. We will not be liable to you if for any reason the site or, if applicable, any photos stored as part of the Services, are unavailable at any time or for any period.

2.2    We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or on any website linked to it.

2.3    We assume no responsibility for the content of websites linked on the Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

2.4    You are responsible for making all arrangements necessary for you to have access to the site and for backing up your photographic data.

2.5    You are also responsible for ensuring that all persons who access the site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

 

3.    Contract Formation

3.1    Our website pages will guide you through the steps you need to take to place an order with us. Please take the time to read and check your order at each page of the order process. After you place an order, you will receive an e-mail from us acknowledging that we have received your order.  However, please note that this does not mean that your order has been accepted.  Our acceptance of your order will take place as described in clause 3.2.

3.2    We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.

3.3    If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.

 

4.    Use of the Services and Products

4.1    You agree to send to us, only data for which you own the copyright or which you are otherwise authorised to send to us and you agree not to send to us any images which may be of objectionable content. You also agree not to infringe the intellectual property rights of any third party and to be responsible for any claims, costs, expenses or legal proceedings caused as a result of your use of the Services in contravention of these Terms.

4.2    Where you are in breach of clause 4.1, we shall be entitled to cancel any pending orders for Products and to terminate any access to the Services granted to you forthwith and without notice.

4.3    Where the use of any of the Products is stated to be subject to any instructions of use or warnings of any kind, they are supplied on the condition that such instructions or warnings will be strictly adhered to by you. We shall not be liable for any loss or damage caused by any failure by you to follow such instructions or warnings.

 

5.    Our right to vary these Terms

5.1    Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.

5.2    We amend these Terms from time to time. If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.

 

6.    Your consumer right of return and refund

This clause 6 only applies if you are a consumer.

6.1    If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 6.2. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. However, this cancellation right does not apply in the case of any Products which have been tailored to your personal requirements or instructions.

6.2    Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:

 

Your Contract End of the cancellation period
Your Contract is for a single Product (which is not delivered in instalments on separate days).          The end date is the end of 14 days after the day on which you receive the Product.
Your Contract is for multiple Products which are delivered on separate days.          The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.

 

6.3    To cancel a Contract, you need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our website. If you use this method we will e-mail you to confirm we have received your cancellation.

6.4    If you cancel your Contract we will:

(a)    refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.

(b)    refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer.

(c)    make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

        (i)    if you have received the Product: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us.  For information about how to return a Product to us, see clause 6.7;

        (ii)    if you have not received the Product: 14 days after you inform us of your decision to cancel the Contract.

6.5    If you have returned the Products to us under this clause 6 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges.

6.6    We will refund you in the same method used by you to pay for the Products.

6.7    If a Product has been delivered to you before you decide to cancel your Contract:

(a)    then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Please contact our Customer Services team to arrange the return of Products;

(b)    unless the Product is faulty or not as described (in this case, see clause 6.5), you will be responsible for the cost of returning the Products to us.

6.8    Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 6 or anything else in these Terms.

 

7.    Delivery

7.1    We will contact you with an estimated delivery date, which will be within 30 days after the date of the Dispatch Confirmation. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 12 for our responsibilities when this happens. Usually we deliver photographic prints within 2-5 working days. Products requiring further preparation, such as calendars or photo albums are usually delivered within 5-7 working days. Working days exclude Sundays and public holidays.

7.2    Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.

7.3    You own the Products once we have received payment in full, including all applicable delivery charges.

7.4    After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.

7.5    Unfortunately, we do not deliver to the Isle of Man and Channel Islands or to addresses outside the UK. You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK. We supply Products to Austria, France and Germany; however different terms and conditions apply to those countries. If you would like to place an order for delivery to those countries, please contact us for further information.


8.    Price of products and delivery charges

8.1    The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.

8.2    Prices for our Products may change from time to time, but changes will not affect any order you have already placed.

8.3    The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

8.4    The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.

8.5    Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

 

9.    How to pay

9.1    You can only pay for Products using [a debit card, credit card or paypal].  Please see details on our website for the types of cards from which we accept payment. Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.

 

10.    Our liability if you are a business

This clause 10 only applies if you are a business customer

10.1    We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.

10.2    Nothing in these Terms limits or excludes our liability for:

(a)    death or personal injury caused by our negligence;

(b)    fraud or fraudulent misrepresentation;

(c)    breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

(d)    defective products under the Consumer Protection Act 1987.

10.3    Subject to clause 10.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

(a)    any loss of profits, sales, business, or revenue;

(b)    loss or corruption of data, information or software;

(c)    loss of business opportunity;

(d)    loss of anticipated savings;

(e)    loss of goodwill; or

(f)    any indirect or consequential loss.

10.4    Subject to clause 10.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.

10.5    Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.


11.    Our liability if you are a consumer

This clause 11 only applies if you are a consumer

11.1    If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

11.2    We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11.3    We do not in any way exclude or limit our liability for:

(a)    death or personal injury caused by our negligence;

(b)    fraud or fraudulent misrepresentation;

(c)    any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

(d)    any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

(e)     defective products under the Consumer Protection Act 1987.

 

12.    Events outside our control

12.1    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 an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or restraints or delays affecting carriers or subcontractors or inability or delay in obtaining supplies of adequate or suitable materials.

12.2    If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a)    we will contact you as soon as reasonably possible to notify you; and

(b)    our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

12.3    You may cancel a Contract affected by an Event Outside Our Control. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.

 

13.    Communications between us

13.1    When we refer, in these Terms, to "in writing", this will include e-mail.

13.2    If you are a consumer you may contact us as described in clause 1.3.

13.3    If you are a business:

(a)    Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.

(b)    A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting or if sent by e-mail, one working day after transmission.

(c)    In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

(d)    The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

 

14.    Other important terms

14.1    We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

14.2    You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

14.3    This Contract is between you and us. No other person shall have any rights to enforce any of its terms.

14.4    Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

14.5    If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

14.6    If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

14.7    If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

14.8    If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).