1 March 2009

1 TERMS & CONDITIONS
1.1 These terms and conditions govern the online album service as described on this website. Please read these terms and conditions carefully before ordering the Service from this website.
1.2 In ordering the Services, you agree to be bound by these Terms. You should print a copy of these Terms for future reference.
1.3 Please select the checkbox marked "I Accept" at the end of these Terms if you accept them. Please understand that if you refuse to accept these Terms, you will not be able to order the Services from this website.
1.4 We may change these Terms in our sole discretion without notice or reference to you and changes to the Terms become effective immediately they appear on this website. If you use the Services again after these Terms have been amended, you are deemed to have accepted the amended Terms, which are accordingly incorporated within the contract made between yourself and Fusion Photo Albums therefore recommend that you read these Terms each time you order the Services.
1.5 These Terms remain in force until the later of satisfactory delivery of the Services by us, or payment in full by you for the Services. We may terminate our contract with you earlier if you materially breach of any of these Terms, and in the event we do so, we reserve the right to take any action against you or seek any remedy available to us, in respect of any your breach.
1.6 No other terms and conditions apply in respect of our provision of the Services to you. However, this does not affect your statutory rights as a Consumer.

 2 IMAGES
2.1 It is advisable to have the photos scanned and put onto a disc. This can be done at any photo shop.
2.2 If photos are sent by Registered Post we can not accept any responsibility for the loss of original photos.
2.3 Digital images should ideally be 300 dpi. If your image is too small then this may affect the eventual size in the album. 2.4 Images should be compatible on a PC platform.
2.5 Third party Images must be accompanied by a signed form confirming permission to use the said image.
2.6 For best results original prints should be scanned to the highest resolution. Failure to do this may result in pixilation if re-sized to a larger scale.
2.7 In the event of breach by you of these terms, you agree to indemnify Fusion Photo Albums from all costs, claims, liability and damages that it may incur as a result.

3 ALBUM DESIGNS
3.1 The customer will acknowledge that Fusion Photo Albums will have sole discretion on the design of their album.
3.2 Full authority is given to edit, crop and affect the image where appropriate in order to present in the album.
3.3 Copyright of the images shown on this website belong to third parties, and are displayed under appropriate licence to Fusion Photo Albums.
3.4 The colours of our products may differ from what appears on your screen and will be largely dependant on the settings of your monitor or the original print. Full discretion is given to the designer in the production of the album.

4 DELIVERY TIMES & CHARGES
4.1   We will attempt to deliver any albums ordered within 21 working days of the date of our acceptance of your Order, but this date is an estimate only. Although we will make all reasonable efforts to deliver your Photographic Products within this time, we do not accept liability for any failure to deliver within that time.
4.2 In any event, notwithstanding the provisions of Clause 7.1, we will endeavour to deliver the Photographic Products to you within 30 days of Confirmation of your Order.
4.3 In the event that any anticipated delivery of your Photographic Products does not take place, you must promptly notify us and we shall make reasonable efforts to replace them.
4.4 Delivery will be to the address given on the order form
4.5  Delivery charges £3.95 (all goods will be despatched using Royal Mail Business Post)
4.6  For destinations outside an International courier will be used.
4.7  Collection : Fusion Photo Albums, 22 Westwood Rd Highfield, Southampton, SO17 1DN
4.8 The order will not be processed until such time as payment is received. 4.9 The price of your Photographic Products is the price in force at the date and time of you placing your Order.
4.10 We may change any of these prices at any time before your Order has been accepted. We make every effort to ensure that prices indicated on this website are accurate, but the price on your Order shall be validated by us as part of the acceptance procedure.
4.11 We deliver Photographic Products to the Serviced Countries, but where your Photographic Products are delivered outside the United Kingdom, the price is exclusive of any local sales taxes or customs or import duties, which may apply. We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

5 YOUR REPSONSIBILITIES
5.1 You are responsible for the security and use of any password or login identifier issued to you in connection with the provision of the Services and you must take all reasonable steps to ensure that such identifiers are kept confidential and secure and that you do not allow any other person without your authority to use the Services using your password or identifier.
5.2   You also agree and warrant to us that all information given by you when you make an Order is accurate and not misleading and that you will not use the Services for any fraudulent or illegal purpose or for any commercial purpose (except in pursuit of your Order).
5.3 You must not upload any Images or any other material, or any content within such Images, which contain any threatening or defamatory or blasphemous, pornographic material or show any kind of child abuse, or are racially offensive or abusive of any religion or likely to incite hatred against any person or group or are otherwise criminal or offensive in the minds of reasonable people or are obscene or menacing or harassing or breach any applicable law.
5.4 You must only upload Images in which you own copyright (or which you are authorised to send to us by the copyright owner) and you warrant that none of the Images contain anything which would infringe any copyright, trade mark, design right or other intellectual property right of any third party.
5.5 We will not check the content of any Images provided by you. However, if any Images uploaded by you do not comply with these terms and conditions, particularly 5.3 or 5.4 above, we reserve the right to remove them with immediate effect and without any obligation or liability to you.
5.6  We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of this these Terms.
5.7 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to upload your Images and you warrant that the Images you upload will be free from infection, viruses and/or other code that has contaminating or destructive properties.
5.8 Your use of the internet in uploading Images shall be entirely at your own risk and subject to all applicable laws and regulations in force. We will not be responsible for any loss of your Images howsoever caused.
5.9 Anything you download in connection with the Services is downloaded and used by you at your own risk and you are solely responsible for any damage to your own computer system or loss of data which results from the download of any such material.
5.10 You agree to indemnify us against any claims, costs, expenses or legal proceedings caused as a result of your use of the Services in contravention of this section 9 or if you are otherwise in breach of these Terms. In the circumstances of such contravention, you acknowledge that we will be entitled to terminate our contract with you and cancel any pending Order for Photographic Products made by you. We may also deny you access to the Services in the future.

6 PLACING AN ORDER
6.1 By placing an order for the Services, you are making an offer to buy the Photographic Products that you specify in the Order.
6.2 if we accept your Order, we will confirm acceptance to you by email to the email address you have given us on transmitting the Order.
6.3 Once the product has been despatched to you a further e-mail will be sent
6.4 Details of our prices for the Photographic products and the procedures for payment are displayed on this website. These prices are subject to amendment from time to time.
6.5 We may decline to accept your Order or to supply the Photographic Products to you for any reason whatsoever.
6.6 We may otherwise cancel any Order or any part of it.
6.7 Other than as set out in these terms, we shall not be responsible for any loss or damage of any kind, which you might suffer by reason of us declining to accept or for cancelling your Order.
6.8 if we cancel your Order or any part of it, we will notify you by e-mail and refund any monies already paid by you in accordance with our refund policy set out in section 7 below.
6.9  PLEASE NOTE THAT YOU MAY NOT CANCEL ANY ORDER WITHOUT CAUSE FOR PHOTOGRAPHIC PRODUCTS WHERE SUCH PHOTOGRAPHIC PRODUCTS INCORPORATE ANY OF YOUR IMAGES.
6.10 This provision does not affect your statutory rights.

7 GUARANTEE & YOUR RIGHT TO RETURN GOODS
7.1 We will use our commercially reasonable efforts to ensure that the Services will be provided with reasonable care and skill and the Photographic Products will be of satisfactory quality, will meet the descriptions set out on this website and will be reasonably fit for the purpose for which you bought them.
7.2 In the event that the Photographic Products are received by you in a damaged or defective condition, or if they do not materially match the description or pictures on the website, you may return the Photographic Products to us within 14 days of receipt, and we will If you do so, we will provide a full refund of the price paid by you inclusive of the return postage and packing.
7.3 If you return any Photographic Products to us in accordance with the clause 7.1, and we are able to prove that they were not faulty when they were received by you, we reserve the right to send them back to you and claim the cost of such return postage from you.
7.4 We will notify you of any refund of monies via email within a reasonable period of time. We will refund any monies to you using the same method used by you to pay for your purchase. We will usually process the refund to you as soon as possible and in any event within 30 days of your cancellation or the day we confirmed to you via email that you were entitled to a refund for the delivery of any defective Photographic Product.
7.5 If the album has a manufacture fault then a replacement will be arranged.
7.6 Any items returned must be done through registered post. We cannot take any responsibility until receipt of the said item.

8 DATA PROTECTION
8.1 Fusion Photo Albums will take all reasonable precautions to keep the details of your order and payment secure, but unless we are negligent, we will not be liable for any unauthorised access to information supplied by you.
8.2 You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, email address, credit or debit card details and visible content of your Images to the extent reasonably necessary to enable us to provide the Services.
8.3 You must ensure that the Personal Information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details.
8.4 Any personal details supplied by you to us shall be used solely for our own use, which may include providing you with information in the future concerning our products or services. Your details will not be passed on to any third party, unless Fusion Photo Albums has sought permission or unless a business or assets is acquired by such a third party and the transfer of that data is a requirement of the sale.
8.5 We will also use your information to look at ways in which this part of the website and our Service can be improved and for the purpose of administration.
8.6 We may share your information and aggregate information with our service providers and other third parties for these purposes. Statistics will not include any information which can be used to identify you as an individual.
8.7 We may also provide your information to our customer service agencies for research and analysis purposes so that we can monitor and improve the services we provide. We or our agents and subcontractors may contact you by post, telephone or email to request your comments on the Services and the website generally.
8.8 Cookies may be used on this site to track and store online ordering information, to retain information you have previously entered on the site, or in the use of third party applications. In general, you can use this site without requiring cookies. If you prefer not to use or accept cookies when using this site, you may switch off cookies in your browser.
8.9 You have the right to request a copy of the information which we hold on you and which is subject to the DPA (for which we may make a small charge) and correct any inaccuracies in your information.
8.10 By accepting these Terms, you agree to the processing and disclosure of the Personal Information for the Purposes. 

9 LAW & JURISDICTION
9.1 Unless otherwise specified, the materials on this website are directed at customers from the United Kingdom. If you choose to access this site from other locations, you are responsible for compliance with local laws if and to the extent local laws are applicable.
9.2 This website, any content contained on it and any contract created as a result of your use of this website are governed by and construed in accordance with English Law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. These terms and conditions do not affect your legal rights. 
9.3 IF YOUR USE OF THIS SERVICES OR VIEWING OF THIS WEBSITE IS IN ANY WAY CONTRARY TO ANY APPLICABLE LAW IN ANY COUNTRY OUTSIDE THE SERVICED COUNTRY IN WHICH YOU ARE RESIDENT, YOU ARE NOT ENTITLED TO USE THE SERVICES AND MUST EXIT THIS PART OF THE SITE IMMEDIATELY.
9.4 All product and company names and logos mentioned in connection with the Services are the trade marks of their respective owners.
9.5 If any provision or term of these Terms shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such provision or term shall be divisible from the other Terms and shall be deemed to be deleted from them.
9.6 Except in respect of a payment obligation, neither you nor Fusion Albums will be held liable for any failure to perform any obligation to the other due to causes beyond your or Fusion Albums respective reasonable control. 9.7 Failure or delay by either party enforcing an obligation or exercising a right under these Terms does not constitute a waiver of that obligation or right. 9.8 These Terms do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999 9.9 Fusion Photo Albums does exclude all liability to the extent permissible by law, for all warranties relating to the quality, description and purpose of use of the goods.
9.10 Fusion Photo Albums cannot be liable for any direct or indirect losses, including loss of profit or business.
9.11 Any disclaimers and exclusions of liability in these terms & conditions shall not apply to any damages arising from death or personal injury caused by the negligence of Fusion Photo Albums. If any provisions of these terms and conditions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
9.12 The maximum liability of Fusion Photo Albums shall not exceed either the cost of the goods or their replacement value.

10 WEBSITE PROVIDER
10.1 The Service is provided by us, Fusion Photo Albums. We can be contacted by telephone on 02380901617 at 22 Westwood Rd, Highfield, Southampton, SO17 1DN.  or by email on          
10.2  We make the Services available to you through this website which operated by the company identified on this website as being the website owner or operator
10.3 Every effort is made to ensure that the website is free of viruses and defects and we cannot accept any liability for any loss/damage which may arise to computers as a result of using the website
10.4 Links may be put onto the Fusion Photo Album website. Please note that these are not vetted and we accept no liability over their contents.

11 CHANGES TO THESE TERMS & CONDITIONS

11.1 We reserve the right to change these terms & conditions from time to time and you should look through them as often as possible