1.1 Welcome to Photools India Limited trading as 'Photools ' and Photools.in terms and conditions (Terms). This document tells you information about Us and the legal terms and conditions on which We sell the products (Products) or services (Services) listed on Our website (Website).
You must read these Terms carefully. By accessing Our Website and/or placing an Order with Us, you confirm that you have read, understood and agree to be bound by these Terms and the details set out in your Order.
If you do not agree to these Terms you should not use Our Website and you will not be able to order any Products or Services from it.
If you think there is a mistake in these Terms or your Order, please contact us to discuss it.
These terms and conditions apply to the following:
(a) your purchase of Products or Services through Photools.in , including:
(i) Photo Products;
(ii) Training Academy Services;
(b) your use of Our Website, Photools.in; and
(c) your privacy.
To help you find the information you are looking for, please use the above links.
1.2 You should print a copy of these Terms or save them to your computer for future reference.
1.3 We amend these Terms from time to time as set out in clause 3.12. Every time you wish to order Products and/or Services or use Our Website, please check these Terms to ensure you understand the terms which will apply at that time.
1.4 If you have any questions relating to these Terms please contact Us or refer to Our help pages on Photools.in. Information about Us is set out in clause 3.15.
Where the following words with capital letters are used in these Terms, this is what they mean:
Contract: any contract between you and Us, created in line with clauses 3.1 and 3.2 of these Terms;
Event Outside Our Control: 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, failure of public or private telecommunications networks, or, for Training Academy Courses, any illness or accident effecting any of Our personnel delivering Services;
Order: your order for the Products and/or a booking for the Services, in each case, made via the Website;
Product: a product displayed for sale on the Website;
Product Description: that part of the Website where certain details, description and specification in respect of the relevant individual Product are provided;
Personal Information: the details provided by you when registering your details on the Website;
Services: the services that we are providing to you as set out in the Order, for example, Training Academy services;
Terms: the terms and conditions set out in this document;
India: All States;
Users: the users of the Website collectively;
Website: Our website located at www.photools.in or any subsequent URL which may replace it.
When We use the words "writing" or "written" in these Terms, this will include e-mail except where We expressly say otherwise in these Terms.
3.1 OUR CONTRACT WITH YOU
(a) Application: This clause 3 applies to any Order you place with Us through the Website. If any of these Terms conflict with any term of the Order, the Order will take priority. Additional terms and conditions which apply to Consumer Finance, Photools Photo Products and Photools Training Academy Services are set out at clauses 4, 5 and 6 respectively. We will give each Order an Order number and will inform you of it when We confirm the Order. Please quote the Order number in all subsequent correspondence with Us relating to the Order.
(b) Consumers: If you are a consumer, you may only purchase Products and/or Services from Our Website if you are at least 18 years old.
(c) Business Customers: If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use Our Website to purchase Products and/or Services.
Notice relating to Photools own-branded Products:
All Photools own-branded Products purchased after 28 March 2013 are being sold by Photools India Limited.GF/1, Setu Commerical Complex, Girish Cold Drink Char Rasta, Off. C.G. Road, Navrangpura, Ahmedabad-380009Some of the Photools own-branded Products incorrectly refer to Photools Group Limited and that company's address details on its packaging, instructions and the Product itself and should be ignored.
3.2 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
The following conditions need to be met in full before a binding contract is created between you and Us:
(a) Order process: You place an Order for one or more Product(s) and/or Services on the Website by completing the check-out process and following the online instructions via clicking on the "Basket" link on the Website; you will be guided through the order process by following a series of simple online instructions.
(b) Pricing and Order errors: Save in manifest error on Our part, the price for the Products shall be the price stated in the relevant Order confirmation. We reserve the right to refuse any Order where the price is incorrectly stated on the Website or Order and may require you to make any such correction and take all such actions as we require before an Order is in a form acceptable to Us.
(c) Amendment of errors: Our Order process allows you to check and amend errors before submitting your Order to Us. Please take the time to read and check your Order at each page of the Order process. If you need to amend your Order after it has been submitted, it will be necessary to cancel your Order by contacting Our Customer Services Team by phone on call user email email@example.com. If you've received confirmation of approval for Consumer Finance from Us, when you decide to change your Order, then the decision will stand from your original application so long as the Order value has not increased. If however, you make subsequent Orders funded via Consumer Finance, then each will be treated as a new application and will be processed in the normal way.
(e) Acknowledgement of your Order: After submitting an Order via Our website We will send you an Order acknowledgement by email confirming receipt of your Order and details of the Products and/or Services that you have ordered. It is your responsibility to check the Order acknowledgement details and advise Us of any errors or omissions as soon as possible and in any event within 2 (two) days of receipt of the Order acknowledgement. Completion of the online check-out process and Our email acknowledging receipt are not an acceptance of your Order.
(f) Acceptance of your Order:
(g) Acceptance of your Order for Products and the formation of a contract between Us will take place when the Products you have ordered have been despatched to you and you have received a despatch confirmation email from Us. A contract will not be formed between Us if We have notified you that We do not accept your Order or if you have cancelled your Order in accordance with Our cancellation and returns policy.
(h) Ownership of Products: All Product(s) that you order through the Website will remain Our property until We have received payment in full from you for those Product(s).
(i) Non-acceptance of your Order: We may decline your Order (or part of it) for any reason. Other than set out in these Terms, We will not be responsible for any loss or damage you might suffer due to Us not accepting or otherwise declining your Order. If We cannot supply you with the Product(s) and/or Service(s) you ordered, We will:
(i) inform you of this in writing by phone or email; and
(ii) if you have already paid for the Product(s) and/or Service(s) refund you in full as soon as possible.
Non-acceptance of your Order may be for any one or more of the following reasons:
(i) the Product(s) no longer being in stock or the Product(s) and/or Service(s) are no longer available; or
(ii) the identification of a pricing or other error in the Order; or
(iii) your payment in respect of the Order is not authorised by your card issuer or is otherwise rejected/not accepted; or
(iv) the delivery address specified is not in the INDIA (this does not apply to Our Photo Products – see clause 5); or
(v) you fail Our fraud or credit checks.
(j) Security of your Order: We will take all reasonable care, in so far as it is in Our power to do so, to keep the details of your Order and payment secure. However, unless we are negligent, We cannot be held liable for any loss you may suffer if a person who is not authorised by you or Us accesses the data you provide when accessing or ordering from the Website.
(k) Special Order Items: these are Products that We would not ordinarily stock and which we order in especially to fulfil your Order request for such Products. When you place an Order with Us which contains a Special Order Item, we reserve the right in our absolute discretion, to charge you the full price for that Order (including delivery charges) at the time of our acceptance of your Order; such acceptance being the time that we place Our order for the relevant Special Order Item(s) with the relevant supplier. Once your Special-Order Item order has been accepted by Us you may not cancel it and clause 3.3 shall be deemed to have been amended accordingly.
3.3 CANCELLATION OF YOUR ORDER
(a) Our right to cancel an Order: If your payment is not received, We will cancel your Order. If you have already received the Product(s) you ordered from Us, you must pay for the Product(s) or return those Product(s) to Us in accordance with clause 3.4 (Refunds and Returns) of these Terms and any other instructions that We provide to you. If you do not return Product(s) to Us or pay for them within 5 (five) days of the date on which We cancel your Order, We may collect or arrange for collection of the Product(s) at your expense. We reserve the right to charge you for damage to or adverse interference with any Product(s) that are the subject of an unpaid Order.
(b) Your right to cancel your Order before dispatch of the Products or provision of the Services: You have the right to cancel your Order at any time prior to dispatch of the Products by Us conditional upon:
(i) the Product(s) ordered being normally stocked by Us and the Product(s) not being special order items; and
(ii) the Products not having been specially and/or specifically made/produced/finished to your individual specification or personalised; and
(iii) the Products not having been being picked and packed ready for despatch/delivery; or
(iv) a period of 7 days not having elapsed since you receive our written acceptance of your Order for Services,
The process you must follow to cancel your Order is in clause 3.3(d) and 3.3(e). If you do not follow this process your refund or product exchange may be delayed.
(i) the Product(s) ordered are not normally stocked by Us and the Product(s) are special order items; or
(ii) the Products have been specially and/or specifically made/produced/finished to your individual specification or personalised,
You have no right to cancel your Order and clauses 3.3(d) and 3.3(e) shall not apply. If you have any questions in relation to your rights to cancel your Order please contact Our Customer Service Team by phone on or email firstname.lastname@example.org.
(c) Your right to cancel an Order after dispatch of the Products: If you are a consumer, then subject to the exclusions set out below, you have a legal right to cancel a Contract within 14 days of receiving your Order from Us (under the Consumer Protection (Distance Selling) Regulations 2000). This means that during the 14 day period, if you change your mind or for any other reason you decide that you do not want to keep a Product or to have the Services, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizen's Advice Bureau or Trading Standards Office.
You do not have the right to cancel your Order:
(i) if the Product(s) ordered are not normally stocked by Us and the Product(s) are special order items;
(ii) for a Product which contains computer software, or for DVDs or CDs which have been unsealed by you, or for consumable goods which, by their nature, cannot be returned, except where a fault is discovered which could not have been discovered unless you unsealed the Products; or
(iii) if the Products have been specially and/or specifically made/produced/finished to your specification or are clearly personalised such as film, developing or printing Services products.
In the unlikely event that you have to return your purchase to Us, it is important that you don't return anything that you may want to keep. For example, any memory cards, video tapes, DVD's or other items returned with your purchase cannot be located and returned to you. If you have any concerns, please contact a member of Our Customer Support team by phone on or email email@example.com prior to returning anything.
(d) Cancellation method for online Orders: You may cancel your Order by contacting Customer services by phone on or by email firstname.lastname@example.org.
(e) Cancellation method for Info@photools.in reservations: You may cancel your Order by contacting Our customer services by phone on or by email to email@example.com.
(f) When the cancellation is effective: If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you sent Us the email or posted the letter to Us. If you call +91 79-40025522to notify Us of your cancellation, then your cancellation is effective from the date you call +91 79-40025522
(g) Photools Legacy orders: Refunds will be made for the total order if confirmation is received via email as stated in clause 3.3(d) before 9am the following working day. Any cancellation received after that time will result in a refund of the service and not the Memory Box Pack.
(h) You do not have the right to cancel your Order: Once your Memory Box Pack has been dispatched.
3.4 RETURNS AND REFUNDS
We care about your satisfaction. That’s why returns to Photools are fast & easy! You may return it to Photools, subject to the conditions and exclusions below:
Please read conditions below. If all conditions are not met, Photools reserves the right to refuse the return or to charge a minimum 15% restocking fee.
Final Sale & Non-returnable Items
Defective items may be repaired, exchanged, or refunded at our discretion for the same model or manufacturer’s equivalent model
Please allow 3-5 business days for mail-in exchanges to be processed
Refunds & Credits
Once we receive and inspect your item(s), we will credit your account. Please allow 5-7 days for a credit to appear on your account. In most cases, we will issue your refund in the same way you made the original purchase. If payment was made by check, the refund check will be issued no sooner than 10 business days after the date of purchase. Please note: we can only refund the original purchase price. Shipping and handling fees are nonrefundable.
. How to tell Us that you want to return a Product: If you wish to return a Product to Us please send an email to contacting Customer services by phone on or by email firstname.lastname@example.org with the following information:
(i) original Order reference number;
(ii) your name;
(iii) your daytime contact number;
(iv) the Product(s) you are returning; and
(v) the reason you wish to return the Product(s).
If you do not comply with this clause it may result in a delay in processing your refund.
(e) Method of return:
You can return the item to Us in one of the following ways:
(i) take the Products and your proof of purchase to your nearest Photools store. To find your closest store please see Our Store Finder. You do not need an RMA number do to this; or
(ii) return the Products to Us by post. To do this you will need an RMA number: please see "Getting an RMA number" below. When returning Products by post, please send them, along with your proof of purchase and your RMA number (please write this clearly on the outside of the packaging) to the address given to you at the time of receiving your RMA number. Please also include a copy of your invoice with your return and again, please write your RMA number on this copy invoice. If you are posting the Products, we strongly recommend you use secure packaging and an insured delivery method such as Royal Mail Special Delivery as the Products will be your responsibility until received by Our Distribution Centre. Once you have been issued with an RMA number you must return the Products to Us within 7 days.
(f) Getting an RMA number:
(i) Before you return any Products to Us by post you must obtain a Returns Authorisation number (RMA) by calling Customer services on or by emailing Us at email@example.com.
(ii) We will then raise a "Returns Authorisation" and email it to you. This email will clearly detail the address to return the items to. Please allow 2 (two) working days from Our receipt of your call or email to receiving a response.
(g) Costs of returning Products to Us: If you cancel your Order after the Products have been despatched, you will be responsible for returning the Products to Us at your expense in the condition described in clause 3.4(i).
(h) No refund of postage charges: If We charged you for postage on your original Order, this will be deducted from your refund if the Products have been despatched to you (except within the first 7 days of receiving the Order).
(i) Condition of Products returned to Us: If you return Products to Us, you must comply with the following conditions:
(i) the Products must be returned in its original sealed packaging together with all accessories, packaging, instructions and any other items included with it at time of sale (including free gifts). You must take reasonable care of the Products and return them in its original and undamaged condition.
(ii) unless faulty, digital products can only be accepted if the software is still sealed.
(iii) a proof of purchase must be supplied.
(iv) we will not refund any items that have been specially made to your individual specification or personalised such as film, developing or printing services Products.
If you do not comply with the above conditions, we cannot refund or cancel your Order.
(j) Damaged Products: If any Product returned by you to Us is not in fully resaleable condition or the packaging is damaged by you and you have not notified Us of such within the time period and as specified in clause 3.4(b) above, We may refuse a refund on the item, or deduct up to 20% of the original selling price from the refund amount. This does not affect your statutory rights.
(k) Refunds: You will be notified by e-mail of any refund (including as a result of a cancellation of your Order) within a reasonable period of time. Refunds can only be made to the original card of purchase. We will aim to process refunds for any sum that has been paid by you for Product(s) which have been returned to Us undamaged and/or Services cancelled in accordance with these Terms as soon as reasonably practicable and in any event within 30 (thirty) days of receipt of the returned Product(s) or the date We confirmed to you by e-mail that you were entitled to a refund.
(l) Legal rights: If you are a consumer, you will always have statutory rights in relation to Products and/or Services that are faulty, damaged or not as described. These statutory rights are not affected by the returns policy in this clause or these Terms. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards office.
(m) Photools Legacy Due to the nature of the service, refunds will only be issued if the digital media provided back is of an unacceptable quality due to processing. As analogue media degrades over time, Photools can provide no guarantee to the quality of the digital output as this will be an exact digital replica of the analogue media source.
3.5 Late or incomplete orders
If your Order has not arrived within the expected time after dispatch or arrives incomplete, please email firstname.lastname@example.org or telephone Our contact centre on call +91 79-40025522
3.6 Damaged Products
If your Order arrives and the Product(s) are damaged, please comply with Our returns policy as set out in clause 3.4 of these Terms, email email@example.com or telephone Our contact centre on call +91 79-40025522
Photools Legacy - Photools takes no responsibility for the media in transit that is either sent in by you or returned to you.
3.7 Product Availability
(a) Online Product availability: Product(s) featured on the Website are subject to availability. Each product page displays an indication as to current availability:
(i) "In Stock": Item qualifies for 3-5 working day delivery (see delivery times and charges below).
(ii) "Awaiting stock - available to order": Item is out of stock but is expected soon. The product will be despatched to you when received at Our warehouse.
(iii) "Usually available within 28 days": Items is not a stocked line and We will try to order it in to fulfil any orders placed.
Subject always to clause 4.11 of these Terms, we will normally ship Products as soon as they are in stock and we reserve the right at Our discretion to deliver the Products that you have ordered in multiple deliveries where we don't have all of the Products that you have ordered in stock. You will not be charged extra for any split deliveries.
(b) Info@photools.in Product availability: Info@photools.in Product availability is identified once you have selected the store that you wish to collect from. Availability for Info@photools.in is not shown prior to entering items into your shopping basket and selecting this service. You will need to enter your postcode for availability to be shown at your local stores. The Products subject to your Info@photools.in reservation will be held at the relevant store for up to three days after which time you will be deemed to have cancelled such reservation.
Not all products listed on Photools.in are available for Our Info@photools.in service.
(c) If your Product is not available: 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.
3.8 Product Description
(a) Each Product is sold subject to its Product Description as detailed on the Website.
(b) Accuracy of Product Description: We take all reasonable care to ensure that all details, descriptions and prices of Products and Services appearing on the Website are correct at the time when the relevant information was entered onto Our system. We aim to keep the Website as up to date as possible but the information at a particular time may not always reflect the position exactly at the moment you place an Order. We cannot confirm the price of a Product until your Order is accepted in accordance with Our Order acceptance policy set out in clause 3.2 of these Terms. You acknowledge that We cannot guarantee the accuracy of information of the Website and that such information will be error free and you acknowledge that information published on the Website may include inaccuracies and typographical errors.
(c) Images and measurements of Products and Services Our Website: The images of the Products and Services on Our Website are for illustrative purposes only. We have made every effort to portray Product(s) on the Website accurately, but slight variations may occur. All measurements are approximate and colour representation and reproduction are dependent upon publishing processes and the set-up of the device from which you are viewing the Website.
(d) Ex-Demonstration and Used Items: Ex-Demonstration and Used products are either ex-display, pre-owned or discontinued. Clearance products are identical to new stock however there may be defects such as missing accessories, blemishes, scratches etc. which will be detailed on the Website product page. Multiple orders for Ex-Demonstration and Used Items cannot be placed. Ex-Demonstration and Used products are not included in any cashback promotions. Consumer Finance is not available on Ex-Demonstration and Used Products. Ex-Demonstration and Used products are subject to Our returns policy in clause 3.4 save that you will not be entitled to request an exchange or replacement Product in relation to any Ex-Demonstration or Used Product returned to us pursuant to clause 3.4.
3.9 Delivery and delivery charges
(a) When delivery takes place: Delivery of Products will be completed when We deliver Products to the address you gave Us or when you collect the Products from Our store. Your Order will be fulfilled by the estimated delivery date set out in the Order confirmation or acceptance of your Order for Services unless there is an Event Outside Our Control – see clause 3.17(e).
(b) Info@photools.in: Our Info@photools.in service combines all the convenience and ease of shopping online with Our store network and expert staff. There are no delivery costs or waiting for the courier, and Our expert staff are happy to offer additional help and advice when you collect your Order. We'll even email or text you when your Order is ready for collection at the selected Store. Benefits of Info@photools.in are:
(i) You can choose from Our extended range of products online
(ii) You can pay and collect in as little as 30 minutes
(iii) We'll email or text you when your Order is ready for collection
(iv) You pay no delivery charges
How Collect @ Store works
(1.) Add available items to your shopping basket and when ready to checkout opt for 'Collect@ Store';
(2.) Enter a postcode to find stores in your area and We will let you know the collection times from each store; this can be in as little as 30 minutes;
(3.) Enter your payment and contact details;
(4.) You will receive an email acknowledging your Order which you need to print out and take with you to the store;
We will send you a text message when the status of your Info@photools.in order changes.
Info@photools.in Specific Terms
(A.) From time to time some stores may be excluded from Info@photools.in
(B.) Not all products listed on Photools.in are included in our Info@photools.in offering.
(C.) Payment is taken when you place your Order on the Website.
(D.) The price of your Order will be the price shown on your basket total at the checkout of the Website.
(E.) We take all reasonable care to ensure that the correct stock in store is shown as available online for the Info@photools.in service. We, however, cannot be held liable in the event that a stock discrepancy exists, and We will endeavour to contact you within a reasonable time to inform you of such a discrepancy.
(c) Orders which are in stock:
(i) If your Order is placed before 5pm on a working day (which is not a Bank or Public Holiday) We will usually despatch your Product to you within 3 to 5 working days (a "working day" being each of Monday to Friday (inclusive) (excluding Bank or Public Holidays)).
(ii) We are not able to guarantee next working day delivery.
(d) Orders which are in stock:
You will be charged for delivery of your Order depending on its value, size and the delivery option that you choose (for addresses in mainland UK). Estimated delivery times will be as selected by you based upon the delivery option you choose at Order basket checkout, if the items are in stock. Orders under £50 will be subject to a standard delivery charge of £1.99 or £3.99 depending on size (for addresses in mainland UK). Delivery time is up to 5 working days, if items in stock. Orders over £50 qualify for free standard delivery to addressed in mainland UK.
(e) Delivery method:
(i) Your order will usually be delivered by DHL.
DHL normally deliver Monday to Friday, 8am - 6pm. No deliveries will be made on Bank or Public Holidays.
If you would like your Order to be delivered on a Saturday, there will be an additional charge.
If your Order is to be delivered by DHL, you can track your Order online to find a scheduled delivery date.
(f) Signature for your parcel: If your Order is sent via DHL, you must ensure someone is available to sign for your parcel as it will not be left without a signature. If you are not there to receive your delivery a note will be left to advise where your Order can be collected from.
(g) Alternative address for delivery: Delivery will be to the INDIA address specified in your Order in order to safeguard against fraudulent applications, we can only deliver Products ordered with Consumer Finance to the home address of the applicant.
(h) Additional instructions: Any additional instructions to the carrier must be agreed by Us.
(i) Delivery costs are per Order: Any costs quoted for delivery are per Order. The cost does not depend on the number of boxes which will be delivered to you.
(j) No overseas delivery: We will only deliver Product(s) to an address in the UK. We will not deliver Product(s) to British Forces Post Office Boxes.
(k) Responsibility for Products: The Products will be your responsibility from completion of delivery.
3.10 Price and how to pay
(a) Our advertised prices: Product prices are correct at the time of publishing and include VAT. 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 your Order in full before the change in VAT takes effect. Any Product price changes will be confirmed to you in the relevant Order acknowledgement. Please note some used products do not include VAT.
(b) Payment method: All orders must be paid for using a INDIA registered credit / debit card. We offer various ways for you to pay online including Visa, MasterCard and Maestro payment cards and PayPal:
(i) Paypal is currently only available for home delivery orders, not Info@photools.in and special order items (e.g. backorder Products, non-stock items and items sourced to your individual specification). Choose 'Home Delivery' and 'Checkout with Paypal' from the Shopping Basket' page.
(ii) We do not accept cheques, bank transfers or some other Internet payments.
(c) When your payment for Products or Services is taken: During the checkout process, all credit/debit card payments are subject to authorisation by your card issuer. We take payment when We accept your Order. The Merchant ID/payment reference that will show up on your credit card/bank statement in respect of the transaction will be "Photools India Limited". GF/1, Setu Commerical Complex, Girish Cold Drink Char Rasta, Off. C.G. Road, Navrangpura, Ahmedabad-380009
(d) By accepting these Terms you are stating that the details you provide when placing your Order, including the details of your credit or debit card, will be correct, that the credit or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of your purchase. We may confirm the validity of your credit or debit card details from any relevant financial services provider or credit reference agency. All payments are handled by our third party payment services provider.
See clause 6.8 regarding payment for Training Academy Services.
3.10a Cashback Offers
(a) Please refer to the relevant manufacturer's/promoter's ("Promoter") Cashback terms and conditions, and any instructions from the Promoter of the relevant Cashback promotion. Such terms constitute the entire agreement between you and the Promoter in relation to the offer of Cashback and We will have no liability or other obligation to you in relation to the same.
(b) By entering/applying for a Cashback promotion you agree to the Promoter's Cashback terms and conditions that apply to such Cashback promotion which will at that time become binding between you and the Promoter.
(c) Promoters of Cashback promotion reserves the right to cancel or extend the promotion or amend the terms and conditions without notice.
(a) Eligibility: Competitions that are run by Us are open to residents of the UK, Channel Islands, Isle of Man and Republic of Ireland aged 18 years or over and excludes Our employees or suppliers or any employees or suppliers of Our group or associated companies. The decision of the judges is final, and no correspondence will be entered into. Submission of an entry will be taken to mean acceptance of these Terms.
(b) Conditions: A maximum of 3 entries per person (unless stated otherwise) should be submitted via email to the address stated within the competition. Entries must be labelled with the entrant's name and image files must be 72 dpi and between 1MB and 3MB. Entrants should include their own name, address and telephone number on the email.
We regret that We are unable to accept postal entries. Closing date will also be stated within the competition material, entries received after this date may not be eligible for inclusion. Images must have been taken by the individual submitting each file and whilst copyright of that image will remain with the entrant, submitting an entry to this competition will be seen as permission for Us to use that image in forthcoming publications and promotions as We see fit. See also clause 7.3 (Copyright and Trademarks).
3.12 Our right to vary these terms and our Services
(a) We may revise these Terms from time to time, including but not limited to, in the following circumstances:
(i) changes in how We accept payment from you.
(ii) changes to the products or services that we offer or to Our Website; or
(iii) changes in relevant laws and regulatory requirements.
(b) Unless We state otherwise, every time you order Products or Services from Us, the Terms in force at that time will apply to the Contract between you and Us.
(c) Whenever we revise these Terms in accordance with this clause 3.12, We will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
(d) We may alter, correct, suspend, or discontinue any part of Our Services, how you can use them, and their description on Our Website.
3.13 Manufacturer's Guarantee
Some of the Products We sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions of such guarantee, please refer to the manufacturer's guarantee provided with the Product(s).
If you are a consumer, a manufacturer's guarantee is in addition to your 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.
3.14 Our liability to you
(a) If you are a business customer: We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise under or in connection with these Terms for:
(i) any economic losses (including without limitation loss of revenues, profits, contracts, business, or anticipated savings); or
(ii) any loss of goodwill or reputation; or
(iii) any loss or corruption of data, information or software; or
(iv) any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these Terms.
To the fullest extent permissible under applicable law, We disclaim any and all warranties of any kind, whether express or implied, in relation to the Products and Services.
(b) If you are a consumer:
(i) 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 they were an obvious consequence of Our breach or if they were contemplated by you and Us at the time We entered into the Contract.
(ii) We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Nothing in the Terms will exclude or limit Our liability for:
(i) fraud, fraudulent misrepresentation, death or personal injury resulting from Our negligence or that of Our servants, agents or employees;
(ii) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(iii) defective products under the Consumer Protection Act 1987; or
(iv) if you are a consumer, 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).
3.15 Information about Us and how to contact Us
We operate the Website Photools.in. We are a company registered in India.
If you have any queries about these Terms or any Order or Contract, please email firstname.lastname@example.org or telephone Our contact centre on call +91 79-40025522 , GF/1, Setu Commerical Complex, Girish Cold Drink Char Rasta, Off. C.G. Road, Navrangpura, Ahmedabad-380009
We value Our customers' satisfaction very highly. In the event you have a complaint regarding a product or service purchased from Photools.in, please contact us at email@example.com or call +91 79-40025522
If your complaint relates to Info@photools.in orders please contact Our Info@photools.in customer services on or email firstname.lastname@example.org.
In the unlikely event that our Customer Service Team is unable to resolve your complaint or you are not satisfied with the resolution We have offered/provided, the EU Online Dispute Resolution platform is available at www.photools.in.
3.17 Other important terms
(a) Communications between Us: Unless We state otherwise in these Terms, if you wish to contact Us in writing, or if any clause in these Terms requires you to contact Us in writing, you can send this to Us by e-mail, by hand delivery, or by pre-paid post to Photools India Limited, GF/1, Setu Commercial Complex, Girish Cold Drink Char Rasta, Off. C.G. Road, Navrangpura, Ahmedabad-380009. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, we will do so by e-mail, by hand delivery, or by pre-paid post to the address you provide to Us in your Order.
(b) Transfer of a Contract to someone else: 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. You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
(c) Enforcement of these terms by someone else: Each Contract is between you and Us. No other person shall have any rights to enforce any of its terms except as expressly set out in these Terms.
(d) Whole agreement: If you are a business, these Terms and any document expressly referred to in them constitute the whole agreement between you and Us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of Us which is not set out in these Terms or any document expressly referred to in them.
(e) Events Outside Our control: 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. If an Event Outside Our Control takes place that affects the performance of Our obligations under a Contract:
(i) We will contact you as soon as reasonably possible to notify you; and
(ii) 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.
(f) Waiver: 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. Unless specifically provided otherwise, rights arising under the Contract or these Terms are cumulative and do not exclude rights provided by law.
(g) Each of the clauses of these Terms operates separately: If any court or relevant authority decides that any of these clauses are unlawful or unenforceable, such clauses shall be deemed to have been deleted or amended to such extent as is strictly necessary for such clauses to be lawful and enforceable and all other remaining clauses will remain in full force and effect.
(h) Governing Law:
(i) If you are a consumer, please note that these Terms are governed by India law (including non-contractual disputes or claims). This means a Contract for the purchase of Products and/or Services through Our Website and any dispute or claim arising out of or in connection with it will be governed by India law. You and We both agree to that the courts of India and Indian States will have exclusive jurisdiction (including non-contractual disputes or claims).GF/1, Setu Commerical Complex, Girish Cold Drink Char Rasta, Off. C.G. Road, Navrangpura, Ahmedabad-380009
(ii) If you are a business, these Terms are governed by India law. This means that 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), will be governed by India law. We both agree to the exclusive jurisdiction of the courts of India and Indian States (including non-contractual disputes or claims).