TERMS & CONDITIONS
FUJICOLOR BENELUX TERMS FOR SUPPLY OF PRODUCTS CREATED USING THE FOGLIO CARDS APPLICATION
The terms and conditions on this page (the "Terms") together with the documents referred to on it tells you information about us and the terms and conditions on which we supply you with any of the products created using the Foglio Cards application (the "Application") which you request to be printed and delivered to you ("Products"). Please read these Terms carefully before ordering any Products from us through the Application. You should understand that by ordering any Products from us through the Application, you agree to be bound by these Terms and any other documents expressly referred to in them.
Please click on the button marked "I Agree" 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 us through the
Application. If you do not accept these terms, do not order any
Products from us through the Application.
We amend these Terms from time to time as set out in clause 21. Every time you wish to order Products from us through the Application, 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 device at the time of order for your future reference.
1. INFORMATION ABOUT THE FOGLIO CARDS APPLICATION
We do not own or operate the Application. The Application belongs to Foglio Inc. having a place of business at 3 Toranomon, Minato-ku, Tokyo, Japan (“Foglio”). We only provide a service if you wish to order a product created using the Application to be printed and delivered to you. We pay a commission to Foglio for each Product that we sell.
2. INFORMATION ABOUT US
The services relating to the supply of Products are operated by Fujicolor Benelux B.V. ("We/Us"). We are registered in the Netherlands under company number 20040567 and our registered office is at Franseweg 65, 4651 GE Steenbergen, Netherlands. Our VAT number is NL001551061B01.
To contact us, please send an email at: info@fujicolor.co.uk
3. OUR PRODUCTS
3.1 The images of the Products shown on the Application are for illustrative purposes only. Although every effort has been made to display the colours accurately, we cannot guarantee that your device's display of the colours accurately reflects 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 the Application.
3.3 All Products shown on the Application 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 OBLIGATIONS
4.1 You agree that when ordering any Products from us through the Application that you will:
4.1.1 comply with your obligations under these Terms; and
4.1.2 provide true, accurate, current and complete information about you as prompted by the ordering process.
4.2 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.
4.3 We may display, modify, print, transmit or distribute any of your uploaded images or other material included in any product created using the Application, in order to provide the Products offered by us subject to these Terms.
4.4 It is a condition of allowing you to order any Product that you have the right to include your uploaded images or other material in any product created using the Application, and to allow us to process and otherwise deal with those images in accordance with these Terms.
4.5 You will not include any of your uploaded 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.
4.6 You will not include any uploaded image or other material in any product created using the Application which is defamatory of any person, pornographic, obscene, indecent or offensive, which infringe any copyright, trademark, database or other intellectual property right of any third party or which is in any way unlawful.
4.7 You will indemnify us and our officers and employees against any action, damages, liability, costs and expenses arising out of:
4.7.1 any claim that any images or other material included by you or on your behalf in any product created using the Application is an infringement of any third party's rights of privacy, image rights, copyright, trade mark or other intellectual property rights; or
4.7.2 any claim that the processing, printing or other dealing by us of any images or other material included by you or on your behalf in any product created using the Application is an infringement of any third party's rights of privacy, image rights, copyright, trade mark or other intellectual property rights.
5. YOUR STATUS
The services relating to the supply of Products are only intended for use by people resident in the United Kingdom.
By placing an order through our site, you warrant that:
5.1 you are or the entity you have been authorised to represent is legally capable of entering into binding contracts;
5.2 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; and
5.3 you are resident in the United Kingdom.
6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 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. 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.
6.2 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.
6.3 Each 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.
6.4 Full payment for all orders of Products is taken at the time of ordering. We will charge your debit card or credit card at the time of ordering.
6.5 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).
7. CONSUMER RIGHTS
7.1 If you are a Consumer you usually 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 cannot cancel an order for a Product even if you are a Consumer.
7.2 You will receive a full refund of the price paid for Products in accordance with our refunds policy at clause 10, 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.
7.3 To talk to someone about a remake you must inform us in writing by sending an email to info@fujicolor.co.uk. 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.
7.4 If you are a Consumer, you will always have legal rights in relation to Products that are faulty or not as described. This clause and these Terms generally do not affect those statutory rights.
8. AVAILABILITY AND DELIVERY
8.1 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 17 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.
8.2 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.
8.3 We reserve the right to cancel any accepted order prior to delivery, at our discretion (whether or not your debit/credit card has already been charged), in case of any material errors in connection with your order or your failure to comply with these Terms 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.
8.4 Delivery will be completed when:
8.4.1 we deliver the Products to the address you gave us; or
8.4.2 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.
8.5 You must inspect Products on delivery. If Products are damaged (or not delivered), you must notify us in writing by email to info@fujicolor.co.uk within seven (7) days of delivery. You must then return any damaged Products to us, following our instructions.
9. PRICE AND PAYMENT
9.1 The price of any Products will be as quoted on the Application from time to time, except in cases of obvious error.
9.2 These prices include VAT and delivery costs.
9.3 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.
9.4 It is always possible that, despite our best efforts, some of the Products listed on the Application 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 the Application, 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.
9.5 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.
9.6 Payment for all Products must be made on placing an order by credit or debit card. We accept payment by Visa and Mastercard credit cards and Maestro debit cards only.
9.7 We take security and customer service very seriously and have implemented a fully hosted payment solution provided by Ogone Limited in order to protect your credit or debit card details.
9.8 Ogone Limited is compliant to the highest level of the PCI-DSS (Payment Card Industries Data Security Standard). Ogone Limited collects, processes and stores the card details on its system at the time of order. Card details are stored with Ogone Limited for 18 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 Ogone Limited systems. Our employees use reference numbers, supplied to us by Ogone Limited at the time of order, to conduct any refunds or cancellations.
9.9 We do not, at any time, store or transmit any sensitive card details.
10. OUR REFUNDS POLICY
10.1 Refunds are only accepted for manufacturing faults and defects and/or transit damage.
10.2 Because of the customised nature of the Products given that you will be using your own images, text and designs, we are not able to resell or restock the Products. Therefore refunds are not accepted for Products where the customer has changed their mind or no longer requires the Product they have ordered, where there are customer errors including poor image quality, poor placement of images, blank pages within or on surfaces of Products and 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.
10.3 We will accept the return of the Products from you only:
10.3.1 by prior arrangement (confirmed in writing to info@fujicolor.co.uk by email);
10.3.2 with the original packaging materials.
10.3.3 in accordance with any other instructions provided by us on delivery.
10.4 When you return a Product to us:
10.4.1 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.
10.4.2 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.
10.4.3 We will usually refund any money received from you using the same method used by you to pay for your purchase.
10.4.4 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.
11. WARRANTIES
11.1 We warrant that we will perform production with reasonable skill and care.
11.2 We warrant that Products will:
11.2.1 materially comply with their description on the Application; and
11.2.2 be free from material defect at the time of delivery.
11.3 Our warranty does not cover:
11.3.1 improper use of Products or modification without our written authority; or
11.3.2 degradation or malfunctions from abnormal environmental causes and poor storage (for example overly damp, hot or cold environments, extremes of humidity).
12. OUR LIABILITY
12.1 Nothing in the Contract shall limit or exclude in any way our liability for:
12.1.1 death or personal injury caused by our negligence;
12.1.2 fraud or fraudulent misrepresentation; or
12.1.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
12.1.4 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 section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples).
12.2 Subject to clause 12.1, 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:
12.2.1 loss of income or revenue;
12.2.2 loss of business;
12.2.3 loss of profits or contracts;
12.2.4 loss of anticipated savings;
12.2.5 loss of data;
12.2.6 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise; or
12.2.7 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.
12.3 Subject to paragraph 12.1 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 12.2 above, any losses 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.
13. PROTECTION OF PERSONAL DATA
13.1 You agree that 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 Policy which appears on this page below these Terms.
13.2 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.
14. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Application, you accept that communication with us will be mainly electronic. We will contact you by e-mail. 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 provision does not affect your statutory rights.
15. NOTICES
All notices given by you to us must be given in writing by e-mail to info@fujicolor.co.uk. We may give notice to you at the e-mail you provide to us when placing an order.
16. TRANSFER OF RIGHTS AND OBLIGATIONS
16.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
16.2 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.
16.3 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.
17. EVENTS OUTSIDE OUR CONTROL
17.1 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 ("Force Majeure Event").
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
17.2.1 strikes, lock-outs or other industrial action;
17.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
17.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
17.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
17.2.5 impossibility of the use of public or private telecommunications networks; or
17.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event 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 Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
18. WAIVER
No failure or delay by either party to exercise any right or remedy provided under these Terms, any Contract 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.
19. SEVERABILITY
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.
20. ENTIRE AGREEMENT
20.1 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.
20.2 A person who is not a party to the Contract shall not have any rights under or in connection with it.
20.3 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.
20.4 All brochures, catalogues, applications and other promotional materials are to be treated as illustrative only and do not form part of any Contract between us.
20.5 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.
20.6 Nothing in this clause shall limit or exclude any liability for fraud.
21. OUR RIGHT TO VARY THESE TERMS
21.1 We have the right to revise and amend these Terms from time to time.
21.2 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).
22. LAW AND JURISDICTION
Contracts for the purchase of Products 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.
PRIVACY POLICY
Fujicolor Benelux B.V. ("We/Us") is committed to protecting and respecting your privacy.
WE DO NOT SELL, SHARE OR PASS ON ANY OF YOUR PERSONAL DATA TO THIRD PARTY ADVERTISERS.
This policy (together with the Terms and Conditions for the supply of Products above (the “Supply Terms”) and any other documents referred to in them) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
For the purpose of the Data Protection Act 1998 (the "Act"), the data controller is Fujicolor Benelux B.V. of Franseweg 65, 4651 GE Steenbergen, Netherlands.
INFORMATION WE COLLECT FROM YOU
We may collect and process the following data about you:
· Information that you provide by filling in forms in connection with the purchase of products created using the Foglio Cards application (the " Application").
· Details of transactions you carry out in connection with the purchase of products created using the Application and of the fulfilment of your orders.
If you contact us, we may keep a record of that correspondence.
We may ask you for information when you enter a competition or promotion sponsored by us, and when you report a problem.
We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
HOW WE USE THE INFORMATION WE COLLECT
We use information held about you in the following ways:
· To help us understand your needs and interests and provide you with better services. Specifically, we use your information to communicate with you, to provide service and support and to update you on relevant services and benefits. Occasionally we may also use your information to contact you for market research regarding our products or services. We will always give you the opportunity to opt-out of market research and customer surveys.
· To carry out our obligations arising from any contracts entered into between you and us.
· To notify you about changes to our service.
· We only use your information and collected/stored data for our own purposes and to supply services to you. We do not sell, share or pass on your data.
· Uploaded images used in an order are stored by us for 30 days from the day they are ordered and are then auto-deleted.
· Each subsequent time an image is used in an order an extension to the storage time (30 days) shall be applied.
We will not provide your personal data to any third party advertisers. Non-personal data is collected for reporting about the usability, performance, and effectiveness of our service. It is used to improve the customer experience and usability of our service.
We do not disclose information about identifiable individuals to third parties, but we may use information internally to design specific promotions for our customers. We may make use of the personal data we have collected from you to contact you with bespoke products.
WHO WE SHARE IT WITH
We will not sell, share, rent, or lease your personal information to any other party such as a business partner or a related third party company unless you have given permission to do so. We may disclose your personal information to third parties strictly for the purposes of providing services to us - for instance, we may use a third party email marketing company to manage the sending of emails to you, or we may store your personal data using a third-party data storage provider. No third party will be allowed to use your personal information other than on our behalf for the purposes set out above.
WHERE WE STORE YOUR PERSONAL DATA
The data that we collect from you (including your uploaded images) may be transferred to, and stored at, a destination outside of the United Kingdom but not outside of the European Economic Area ("EEA"). It may also be processed by staff operating outside of the United Kingdom, but not outside of the EEA, who work for us or for one of our suppliers. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
All information you provide to us is stored on our secure servers. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to us over the internet; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
DISCLOSURES
We may disclose your personal information to any member of the FUJIFILM group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006 or as otherwise set out in this privacy policy.
We may disclose your personal information to third parties:
· In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
· If substantially all of our assets are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets.
· If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply the Supply Terms and other agreements; or to protect our rights, property, or safety or that of our customers or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
YOUR RIGHTS
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us by sending an email to info@fujicolor.co.uk.
ACCESS TO INFORMATION
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
CHANGES TO OUR PRIVACY POLICY
Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.
CONTACT
Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to info@fujicolor.co.uk.