Terms & Conditions
The terms and conditions on this page (the "Terms") together with the pages and documents referred to on it tells you information about us and the terms and conditions on which we supply any of the products ("Products") listed in the POP Book app ("our app") or on the POP BOOK website http://www.popbook.eu ("our site") to you. Please read these Terms carefully before ordering any Products from our app or our site. You should understand that by ordering any Products from our app or our site, you agree to be bound by these Terms and any other documents expressly referred to in them.
Please click on the button marked "I Accept" at the end of Products ordering process before you make your payment if you accept them. Please understand that if you refuse to accept these Terms, you will not be able to order any of the Products from our site. By using our app to order Products, you indicate that you accept these Terms as applying to your order for any of the Products from our app and that you agree to bound by them.
We amend these Terms from time to time as set out in clause 32. Every time you wish to order Products from our app or our site, please check these Terms to ensure you understand the terms which will apply at that time. You should print a copy of these Terms or save them to your computer or other device at the time of order for your future reference.
Here are the meanings of some of the abbreviations and specific terms we will use.
"Consumer" has the meaning given in clause 15.
"Content" has the meaning given in clause 9.
"Contract" has the meaning given in clause 16.
"Dispatch Confirmation" has the meaning given in clause 16.
"Force Majeure Event" has the meaning given in clause 28.
"our app" means the POP BOOK app.
"our site" means the POP BOOK website http://www.popbook.eu.
"Products" means any of the products listed in our app or on our site.
"Registration Data" has the meaning given in clause 4.
"Representation" has the meaning given in clause 31.
"Rules" has the meaning given in clause 9.
"Terms" means these Terms and Conditions.
"we/us" means Fujifilm UK Limited.
"you" means the individual using our app and/or our site.
1. INFORMATION ABOUT US
The POP BOOK app and website are operated by Fujifilm UK Limited ("we/us") and POP BOOK is a trading name of Fujifilm UK Limited as well as a trademark of FUJIFILM Corporation and/or its subsidiaries. We are registered in England and Wales under company number 01264514 and our registered office is at St Martins Business Centre, St Martins Way, Bedford, MK42 0LF. Our main trading address is Unit 10, St Martins Business Centre, St Martins Way, Bedford, MK42 0LF. Our VAT number is GB 234797335.
To contact us please email firstname.lastname@example.org
2. DESCRIPTION OF SERVICES
2.1 The POP BOOK app provides users with the ability to use their mobile/smartphone gallery and social media stored images to create both a digital and real miniature photobook. It also provides users with the ability to upload a digital version of this miniature photobook to our site and share it via social media channels or via email either directly or by pasting a URL we provide.
2.2 Our site, in addition to hosting users’ photobooks, also allows users to manage their account, update and add addresses, and re-order.
3. OUR PRODUCTS
3.1 The images of the Products in our app and/or on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that the colours displayed on your computer, tablet, mobile or other device accurately reflect the colour of the Products. Your Products may vary slightly from those images.
3.2 The packaging of the Products may vary from that shown on images in our app and/or on our site.
3.3 All Products shown in our app and/or on our site are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available and we will not process your order if made.
4. YOUR REGISTRATION OBLIGATIONS AND SUPERVISING CHILDREN
4.1 You agree that when using our app and/or our site that you will:
4.1.2 provide true, accurate, current and complete information about you as prompted by the registration form (such information being the "Registration Data"); and
4.1.3 maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
4.2 If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the services we provide on our app and/or our site (in whole or in part).
6. MEMBER ACCOUNT, PASSWORD AND SECURITY
6.1 You can register for an account on our app or our site. Once you are registered you will be able to access your account through either platform.
6.2 You will create a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of your account and password, and are fully responsible for all activities that occur under your account and password. You agree to:
6.2.1 immediately notify us of any unauthorised use of your account or password and any other breach of security; and
6.2.2 ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.
6.3 If you do not comply with any of the provisions of these Terms, we have the right to suspend or terminate your account without warning and refuse any or all current or future use of our app and/or our site (in whole or in part).
6.4 We have the right to disable any account or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
6.5 You agree that your account is non-transferable.
6.6 Any account that has not been used for a certain period of time may be terminated and all Contents related to that account may be deleted in line with our policy in force as at the then current time.
7. SERVICE AVAILABILITY
Our app and our site are only intended for use by people resident in the United Kingdom. We do not accept orders from outside the United Kingdom.
8. USE OF OUR SERVICES
8.1 You may upload digital images to our app yourself. Images uploaded to our app must be digital images in JPEG format. You are not able to upload images directly to our site. Once you have opened a POP BOOK account, you can upload the Product you have created to our site by using the share function.
8.2 Images uploaded by you will (subject to the restrictions in these Terms) only be available for viewing by you in our app. In order to share your Product with others you must open a POP BOOK account and use the share function to upload your photobook to our site and then choose how you wish to share it with others (e.g. via social media).
8.3 You will not use our app and/or our site (or to copy or use any material from our app and/or our site) for any commercial purpose other than to conduct a commercial transaction with us. This includes allowing access to your account in return for payment or for any other commercial purpose.
8.4 You are not permitted to register multiple accounts for use by the same person unless specifically authorised by us in writing. Breach of this clause 8.4 may result in immediate suspension of your account.
9. MEMBER CONDUCT AND UPLOADED CONTENT AND IMAGES
9.1 Whenever you make use of a feature that allows you to upload material to our app and/or our site, or to make contact with other users of our app and/or our site, you must comply with the content standards set out in these Terms. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
9.2 You acknowledge that all information, data, text, photographs, graphics, messages and other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you and not POP BOOK are entirely responsible for all Content that you upload or post via our app and/or our site. POP BOOK does not control the Content posted via our app and/or our site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using our app and/or our site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will POP BOOK be liable in any way for any Content, including, but not limited to any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted using our app and/or our site. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
9.3 We have the right to disclose, to the extent permissible by law, your identity to any third party who is claiming that any Content posted or uploaded by you using our app and/or our site constitutes a breach of their intellectual property rights, or of their right to privacy.
9.4 You agree to not use our app and/or our site to do any of the following (collectively referred to as the "Rules"):
- Upload, post, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
- Harm children in any way.
- Impersonate any person or entity, including, a POP BOOK member of staff, forum moderator, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted using our app and/or our site.
- Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as "inside information", proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
- Upload post or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
- Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of our app and/or our site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
- Interfere with or disrupt our app and/or our site or servers or networks connected to our app and/or our site, or disobey any requirements, procedures, policies or regulations of networks connected to our app and/or our site.
- Harass another member; or extract, collect, process, combine or store personal data about other users.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual.
- Advocate, promote, incite any third party to commit, or assist any unlawful or criminal act.
- Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
9.5 Although we prohibit the uploading of certain types of image to our app and/or our site, we cannot control, nor do we monitor the use of our app and/or our site. It is possible that images or other material may appear in our app or on our site which are unlawful or offensive and contravene our restrictions on Content set out above. We are not responsible for such images or material but if you become aware of any such images or material on our app or on our site please contact us without delay.
9.6 We may at our discretion contact law enforcement authorities if we are made aware that anything unlawful is occurring or has occurred in relation to our app and/or our site including the uploading of any images in breach of the above restrictions on Content. We may provide copies of any relevant Content to law enforcement authorities and in that connection may also give them access to any personal data that is held by us to the extent permissible by law.
9.7 We may without notice and at our sole discretion delete or remove any Content that has been uploaded in breach of these Terms.
9.8 We may refuse to provide any further services to anyone who breaches these Terms.
9.9 You will indemnify us and our officers and employees against any action, claim, damages, liability, costs and expenses arising out of:
9.9.1 any use by you or of our app or our site in breach of these Terms;
9.9.2 any claim that the uploading of any images by you or on your behalf is an infringement of any third party's rights of privacy, image rights, copyright, trade mark or other intellectual property rights; or
9.9.3 any claim that the processing, printing or other dealing by us of any images uploaded by you is an infringement of any third party's rights of privacy, image rights, copyright, trade mark or other intellectual property rights.
9.10 We expressly exclude our liability for any loss or damage arising from the use of our app and/or our site by any person in contravention of the Rules.
9.11 You agree that we may access, preserve, and disclose your account information and Content:
- to our affiliated companies worldwide for the purpose of providing the services to you in an efficient manner;
- for the purpose of properly administering your account in accordance with the standard operating procedures of POP BOOK; and
- if required to do so by law or in the good faith belief that any such access, preservation or disclosure is reasonably necessary to:
- comply with legal process;
- respond to claims that any Content violates the rights of third parties;
- respond to your requests for customer service; or
- protect the rights, property, or personal safety of POP BOOK, users of our app and/or our site and the public.
10. BREACH OF THE RULES
- Immediate, temporary or permanent withdrawal of your right to use the services we provide on our app and/or our site.
- Immediate, temporary or permanent removal of any Content already posted.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
10.2 We exclude our liability for all action we may take in response to breaches of the Rules. The actions described above are not limited, and we may take any other action we reasonably deem appropriate.
11. PUBLIC AND OTHER CONTENT POSTED ON OUR APP AND/OR OUR SITE
11.1 For purposes of these Terms, "publicly accessible areas" of our site are those accessible by the general public. You acknowledge that you are solely responsible for any personal data or information that you choose to share with others via the services we provide on our app and/or our site, and that under no circumstances will we be liable in any way for the disclosure and public accessibility of such personal data or information. You acknowledge that any personal data or information (or any other content) shared with others via the services we provide on our app and/or our site will be uploaded to publicly accessible areas on our site and may remain publicly accessible indefinitely.
11.2 With respect to Content you elect to share to publicly accessible areas of our site or Content that consists of photos you elect to post to any area of our app and/or our site, you grant us a world-wide, royalty free and non-exclusive licence to reproduce, modify, adapt and publish such Content on the services we provide on our app and/or our site solely for the purpose of displaying, distributing and promoting our app and/or our site. This licence exists only for as long as you elect to continue to include such Content on our app and/or our site and shall be terminated at the time you delete such Content from our app and/or our site.
11.3 With respect to all Content you elect to share to publicly accessible areas of our site, you grant us and our fellow FUJIFILM Group companies the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
11.4 In accordance with the Rules, you must ensure that your Content does not infringe any copyright, database right or trade mark of any other person. By submitting your Content, you are warranting that you have the right to grant us and the non-exclusive copyright licence described above.
11.5 If you are not in a position to grant such a licence to us and our fellow FUJIFILM Group companies, please do not submit the Content.
12.2 We may delete, remove or refuse to display any material from your account at our sole discretion.
12.3 We may display, modify, print, transmit or distribute any of the images that you upload, in order to provide any of the services and Products offered by us through our app and/or our site subject to these Terms.
12.4 It is a condition of allowing you to use our app and/or our site and any services offered through it that you have the right to copy, upload or otherwise deal with those images in relation to our app and/or our site and to allow us to process and otherwise deal with those images in accordance with these Terms.
12.5 You may not upload any images or other material where you do not have the right to do so or allow us to use such images or other material in accordance with these Terms. For example, you may not take photos from another website or other publication and do anything with them unless you have obtained the permission from the owner of the relevant right.
13. OPERATION OF OUR APP AND OUR SITE
13.1 We may change the format and content of our app and/or our site (or any Products or services offered by our app and/or our site) at any time.
13.2 We may terminate or suspend the operation of our app and/or our site (or terminate or suspend provision of any Products or services offered through our app and/or our site) for support or maintenance work, in order to update the content or for any other reason. We may do this at any time and without notice.
13.3 You are advised to keep backups of all Content provided to us. In particular, it is up to you to keep backup copies of images uploaded by you. We will not be responsible for keeping backups or for the loss of, deletion or corruption of any images or any other material uploaded onto our app and/or our site.
14.1 You agree that we, in our sole discretion, may terminate your password, account (or any part of your account) or use of the services we provide on our app and/or our site, and remove and discard any Content within such services, for any reason including, without limitation, if we believe that you have breached or acted inconsistently with the letter or spirit of these Terms. We may also, in our sole discretion and at any time, discontinue providing such services (in whole or in part), with or without notice.
14.2 You agree that any termination of your access to such services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or such services. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to such services.
15. YOUR STATUS
By placing an order through our app or our site, you warrant that:
15.1 you are or the entity you have been authorised to represent is legally capable of entering into binding contracts; and
15.2 if you are a consumer as defined in Regulation 4 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) ("Consumer"), you are at least 18 years old.
15.3 You are a resident of the United Kingdom and are placing your order for delivery to a UK address.
16. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
16.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order and confirming your order number. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product that you have created in our app or on our site using the tools within our app or site. 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.
16.2 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.
16.3 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
16.4 Full payment for all orders of Products and all applicable delivery costs is taken at the time of ordering. We will charge your Paypal account, debit card or credit card at the time of ordering.
17. CONSUMER RIGHTS
17.1 If you are a Consumer you may have a general legal right to cancel a contract; however as this right does not apply to Contracts for the supply of Products which are customised and unique to you, you can only cancel an order by sending an email to email@example.com within 1 hour of receiving your order confirmation email.
17.2 You will receive a full refund of the price paid for Products in accordance with our refunds policy at clause 21, 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.
17.3 To talk to someone about a remake you must inform us in writing to firstname.lastname@example.org. 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.
18. AVAILABILITY AND DELIVERY
18.1 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 28 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.
18.2 We may deliver Products in instalments. Each instalment will be a separate Contract.
18.3 Delivery is only made to UK addresses. We regret we are unable to deliver to BFPO addresses.
18.4 While we endeavour to hold sufficient raw material stock to produce all orders, if we have insufficient stock to produce or deliver Products which have been ordered and paid for by you, we may, at our discretion, supply or deliver a substituted Product or refund you the price paid for such Products as soon as possible and in any case within 30 days.
18.5 We may decline to deliver Products to your premises if we believe it would be unsafe, unlawful or unreasonably difficult to do so and we may suspend any delivery (and charge you all costs we incur as a result including storage) until your premises are satisfactory for delivery.
18.6 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.
18.7 If you are not a Consumer, delivery takes place either:
18.7.1 upon completion of loading at our premises; or
18.7.2 upon completion of off-loading at our premises (if we are arranging carriage).
18.8 If you are a Consumer, delivery will be completed when:
18.8.1 we deliver the Products to the address in the UK you gave us; or
18.8.2 if no one is available at your address in the UK to take delivery, when the delivery agent or shipper leaves a note that the Products have been stored at a local collection point (for example Post Office or Royal Mail depot), in which case you can collect or rearrange delivery.
18.9 You must inspect Products on delivery. If Products are damaged (or not delivered) you must email us via email@example.com within thirty (30) days of delivery. We will then issue a confirmed claims number by email and you must return the damaged Products to us, following our instructions.
19. PRICE AND PAYMENT
19.1 The price of any Products will be as quoted in our app or on our site from time to time, except in cases of obvious error.
19.2 These prices include VAT (charged at the rate applying at the time of delivery) and include delivery costs to UK addresses. Some photobook products are VAT zero rated due to their bound manufacturing.
19.3 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.
19.4 Our app and/or our site may contain, from time to time, a large number of Products and it is always possible that, despite our best efforts, some of the Products listed in our app or on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedure so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated in our app or on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
19.5 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.
19.6 If the price of the Product you buy is lowered in our app or on our site within seven (7) days of the date of your purchase, we will honour the new price and credit the difference. To obtain your credit, please send an email to firstname.lastname@example.org, including your name, address and order number. Please note:
19.6.1 Requests for price adjustments must be made within thirty (30) days of the date of payment.
19.6.2 We will honour only one price adjustment per item.
19.6.3 Products purchased using a promotion code are not eligible for price adjustments.
19.7 Payment for all Products must be made on placing an order by Paypal. We accept payment by all the major credit or debit cards that Paypal accept.
19.8 We take security and customer service very seriously and have implemented a fully hosted payment solution provided by Paypal in order to protect your credit or debit card details.
19.9 Paypal is compliant to the highest level (level 1) of the PCI-DSS (Payment Card Industries Data Security Standard). Paypal collects and processes card details on its system at the time of order. Paypal stores card details for a period in order for us to issue refunds etc. Our employees have no access to any sensitive customer information, including card details held within the Paypal systems. Our employees use reference numbers, supplied to us by Paypal at the time of order, to conduct any refunds or cancellations.
19.10 We do not, at any time, store or transmit any sensitive card details.
19.11 When you send us your personal information, the links between our app and our site and our server are encrypted using industry standard methods - usually referred to as SSL (128 bit encryption).
19.12 You will indemnify us on demand in full and hold us harmless from all expenses and liabilities we may incur (directly or indirectly and including finance costs and legal costs on a full indemnity basis) following any breach by you of any of your obligations under these Terms.
20. OUR REFUNDS POLICY
20.1 Refunds are only accepted for manufacturing faults and defects and/or transit damage.
20.2 Because of the customised nature of the Products where you will be using your own images, text and designs, we are not able to resell or restock these Products. Therefore refunds are not accepted for Products where the customer has changed their mind or no longer requires the Product they have ordered, customer errors including poor image quality, poor placement of images and/or blank pages within or on the surfaces of Products, spelling mistakes on Products where text creation is allowed, or where only the outer packaging is damaged from transit but the Product itself is undamaged.
20.3 We will accept the return of the Products from you only:
20.3.1 by prior arrangement (confirmed in writing to email@example.com by email with a confirmed claims number);
20.3.2 with the original packaging materials.
20.3.3 in accordance with any other instructions provided by us on delivery.
20.4 When you return a Product to us:
20.4.1 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.
20.4.2 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.
20.4.3 We will usually refund any money received from you using the same method used by you to pay for your purchase.
20.4.4 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.
21.1 We warrant that we will perform production with reasonable skill and care.
21.2 We warrant that Products will:
21.2.1 materially comply with their description in our app or on oursite; and
21.2.2 be free from material defect at the time of delivery.
21.3 Our warranty does not cover:
21.3.1 improper use of Products or modification without our written authority; or
21.3.2 degradation or malfunctions from abnormal environmental causes and poor storage (for example overly damp, hot or cold environments, extremes of humidity).
22. OUR LIABILITY
22.1 Nothing in the Contract shall limit or exclude in any way our liability for:
22.1.1 death or personal injury caused by our negligence;
22.1.2 fraud or fraudulent misrepresentation; or
22.1.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
22.1.4 for any other matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
If you are a Consumer, nothing in the Contract shall limit or exclude in any way our liability for any breach of the terms implied by the Consumer Rights Act 2015.
22.2 Subject to clause 22.1, 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:
22.2.1 loss of income or revenue;
22.2.2 loss of business;
22.2.3 loss of profits or contracts;
22.2.4 loss of anticipated savings;
22.2.5 loss of data;
22.2.6 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise; or
22.2.7 any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses, even if we have been advised of the possibility of such damages or losses.
If you are a Consumer clause 22.2 will only apply to limit our liability to you where you use the Products for any commercial, business or re-sale purpose.
22.3 Subject to paragraph 22.1 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 22.2 above, any other losses or damage that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
23. PROTECTION OF PERSONAL DATA
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.
24. DISPOSAL OF WASTE PRODUCTS
In line with our company policies on sustainability and environmental responsibility we ask that you carefully dispose of all packaging supplied with our Products.
25. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our app and/or our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our app and/or our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all Contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Unless you are a Consumer, all notices given by you to us must be given in writing to The POP BOOK Team, PO Box 1524, Bedford, MK42 5DD or by e-mail to firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order.
27. TRANSFER OF RIGHTS AND OBLIGATIONS
27.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
27.2 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.
27.3 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.
28. EVENTS OUTSIDE OUR CONTROL
28.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Event Outside Our Control").
28.2 An Event Outside Our Control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
28.2.1 strikes, lock-outs or other industrial action;
28.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
28.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
28.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
28.2.5 impossibility of the use of public or private telecommunications networks; or
28.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
28.3 Our performance under any Contract is deemed to be suspended for the period that the Event Outside Our Control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Event Outside Our Control to a close or to find a solution by which our obligations under the Contract may be performed despite the Event Outside Our Control.
No failure or delay by either party to exercise any right or remedy provided under these Terms or 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.
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.
31. ENTIRE AGREEMENT
31.1 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.
31.2 A person who is not a party to the Contract shall not have any rights under or in connection with it.
31.3 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.
31.4 All brochures, catalogues, websites and other promotional materials are to be treated as illustrative only and do not form part of any Contract between us.
31.5 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.
31.6 Nothing in this clause shall limit or exclude any liability for fraud.
32. OUR RIGHT TO VARY THESE TERMS
32.1 We have the right to revise and amend these Terms from time to time.
32.2 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).
33. LAW AND JURISDICTION
Contracts for the purchase of Products through our app or our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
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