Terms & Conditions
Please read these Terms and Conditions carefully before using the www.picsmile.co.uk website (the "Service") operated by PFBB Limited. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
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If you have any questions regarding our terms and conditions of use and sale please contact us at hello@picsmile.co.uk.
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1. General
PicSmile developed this website in order to provide a satisfying service. PicSmile is a printing service and cannot be held responsible for the content printed by its customers. Using photo printing products printed with PicSmile for commercial use is strictly forbidden. Users are responsible for the content printed, users certify that no photos violating author rights, trademark' rights are printed with PicSmile. Facebook, Instagram or uploaded photos of friends, people followed or any other photos users do not own should have the explicit consent of authors to be printed with PicSmile. The terms and conditions exposed hereafter apply to all those services. The following terms and conditions of use and sales apply to the contracts concluded between the company PFBB Limited hereafter named with its business name PicSmile:
- Registered Address: Flat 4, 74 Woodberry grove London, England, N4 1SN
- Company number: 13469663
- VAT number: 384563662
and the customers and users of the website.
Any order made on the website PicSmile is subject to the acceptance of those terms formalised by a click on the “pay now” button demanded before ordering any product. This implies by the client the acceptance of the following Terms and conditions without reserve. The Terms and Conditions thereafter are governed by French law without prejudice of residence country law of the user or client.
2. Definition and terms
Products: designate all the products available on the PicSmile website.
The website: Gathers all services online labeled PicSmile, their web pages and the products offered on all those pages.
The user: Designate all people visiting, using or ordering on the website PicSmile.
3. Website availability
PicSmile makes every possible effort to ensure website availability 24 hours/24, 7 days/7. However, PicSmile cannot be held responsible in case of unavailability for upgrading reasons, maintenance, or servers unavailability.
4.1 Information provided by the User
The User certifies the accuracy of the information required for billing and delivery of the order sent to PicSmile. The User is solely responsible for any errors or omissions.The User is prohibited from using false information or using the information of third parties without authorisation. In the event of fraudulent use of your account, the User must alert PicSmile as soon as possible to hello@picsmile.co.uk
4.2 Image uploads quality
PicSmile has the responsibility and is committed to printing the images it receives from Customers exactly the way they were uploaded on the website. PicSmile cannot be held accountable if one or several images are considered by Customers as incorrectly cropped and PicSmile will not check images during the production process. It is the Customer's sole responsibility to verify the quality of the images uploaded before making a purchase. An image considered as incorrectly cropped by a Customer may not lead to an order refund or an order reproduction. PicSmile may decide to offer a compensation in its sole discretion.
4.3 Intellectual property
All content communicated to PicSmile remains the property of users even if this content is stocked on PicSmile’s servers. You guarantee that the data communicated to PicSmile do not violate rights of intellectual property, and are not counterfeited, do not violate trademarks or any third party rights. You commit to financially reimbursing PicSmile against legal action mentioning the violation of rights, and legal fees and possible legal fees associated.You are responsible for the content you stock and manipulate with PicSmile. All website contents and tools at users’ disposal such as files, images, software are the exclusive property of PicSmile. Users and visitors have no right to copy, reproduce this content without the explicit agreement from PicSmile.
5. Promotional codes
PicSmile may communicate promotional codes to its Users, which can be used 1 or more times depending on the case and within a specified time frame. Promotional codes and codes issued in gift cards are strictly reserved for one-time and personal use. It is under no circumstances allowed to share or publish any discount code (gift card or discount code).PicSmile reserves the right at any time, and without notice, to interrupt or modify a discount code if it was shared publicly. The fraudulently shared code (s) may be modified or deactivated as well as all the orders associated with this (these) code (s) without notice.
6. Pricing
All orders made on the website PicSmile are paybale at the order. Prices can evolve at anytime according to pricing policy. No modification of price can be applied to an order confirmed or in progress.Membership is free. The use of online tools, digital photography’s’ deposit on a member account is also free. PicSmile is not obliged to host photos or photography creations, the volume of photographies or creations can be limited in capacity for each user at anytime.
7. Payment
Any order placed on the website or app must be paid for at the time of ordering. The execution of the order takes place only after full payment by the User of the amount of his order.Payments are made online through a secure online payment system. Orders can be paid by credit card, via Paypal. PicSmile works with the Stripe banking payment solution which uses the latest and most reliable security systems including PCI DSS certification. Stripe and Paypal encrypt this data using SSL protocol to ensure the security of this data.The execution of the order will be carried out after agreement of the bank payment center. If the latter agrees, the account will be immediately debited and the order validated. In case of refusal the order will be canceled.PicSmile reserves the right to cancel any order due to a payment incident. In the event of a refund, the User will be refunded by crediting the bank account used for payment.
8. Shipping and delivery
Is it your obligation to provide accurate delivery information provided at the order. In case of erroneous information leading to delivery failure of your order, PicSmile cannot be held responsible. Data collected automatically at the time of the order can be referred to as evidence of the date, time, products ordered and price paid. Products available on the website can be delivered only in the United Kingdom. Shipping cost will be specified at the moment of ordering and depend on the weight of the order and the shipping options (tracked vs untracked, express vs standard delivery).Shipping delay starts once the order is fully paid. This delay is specified at the confirmation page and fulfillment confirmation e-mail. Any damage or anomaly regarding the products delivered (missing product, damaged product, etc.) shall be noticed briefly after delivery (max 3 days after delivery) and follows the conditions and information exposed hereafter:
9. Product returns
PicSmile makes great efforts to meet the expectations of its Users and to offer them quality services.If, however, the delivered product does not comply with the order placed the User is entitled to submit a complaint within 15 days after the delivery to PicSmile customer service (hello@picsmile.co.uk). After this period, the User will be considered to have definitively accepted his order.Any complaint for lack of conformity must indicate the following information:
- Order reference
- Name, first name and address
- Reason for complaint for non-compliance
- Photos proving the non-conformity of the product
If the lack of conformity is proven, the User may obtain a refund for the product, in the form of a promo code to be used on the site. PicSmile may decide, in certain exceptional cases only, to make a partial or total refund via the means of payment used when ordering (bank transfer, Paypal, etc.).
10. Data storage and security
10.1 PicSmile hosts the photos and creations of its Users free of charge for a default period of 3 months maximum, after which time the photos or photographic work will be automatically erased. PicSmile is not bound to keep the creations and photographs transferred by the User and the quantity of photos or photographic creations may at any time be limited to a certain capacity by the User.The User is not guaranteed the storage of content transmitted as part of the use of the Services. PicSmile cannot be held responsible for the removal or erasure of such content.
10.2 PicSmile undertakes to take all the necessary precautions with regard to the risks presented by the processing, to preserve the security of the data and in particular, to prevent them from being distorted, damaged, or that unauthorised third parties have access to it. PicSmile undertakes in particular to comply with all the technical requirements with which the processing operations must comply. PicSmile cannot be held responsible for any loss of User data or their accidental destruction.
11. PicSmile warranty and liability
PicSmile cannot be held liable in the event of a technical or material error and loss of data caused by the Use in connection with the use of the Site or the Application.In the event of a malfunction of the IT services, in particular the functioning of the tools and software offered on the Site and on the Application. Their proper functioning depends on external factors which do not depend solely on PicSmile.Due to the quality of the content transmitted by the User for printing. PicSmile does not guarantee the results obtained at the end of photographic creations, these depending both on the quality of the photograph transmitted by the User and on the use of the tools available on the Site and the Application to carry out the customisations. Thus, PicSmile cannot be held liable for the content or the quality of the textual or photographic elements added by the User to the customisable products.The information and advice which may be given by telephone or by email are provided for assistance in using the Service but do not constitute guarantees not expressly provided for by the T&Cs.In the event of non-performance or improper performance of contractual services attributable to the customer, in particular when ordering.In the event of delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the United Kingdom law courts.In the event of an insubstantial difference between the visuals of the products on the PicSmile site and the product ordered
12. Intellectual property
All content communicated to PicSmile remains the property of users even if this content is stocked on PicSmile’s servers. You guarantee that the data communicated to PicSmile do not violate rights of intellectual property, and are not counterfeited, do not violate trademarks or any third party rights. You commit to financially reimburse PicSmile against legal action mentioning the violation of rights, and legal fees and possible legal fees associated.You are responsible for the content you stock and manipulate with PicSmile. All website contents and tools at users’ disposal such as files, images, software are the exclusive property of PicSmile. Users and visitors have no right to copy, reproduce this content without the explicit agreement from PicSmile
13. Personal data
All personal information communicated by the User to PicSmile via the Site or the Application and that which will then have been collected as part of the ordering of Services are subject to the provisions appearing in the "Privacy Policy" section available on the Site.
14. Applicable law
These Terms and Conditions are subject to the British law.Any dispute that may result from the application of these T & Cs will fall under the jurisdiction of the United Kingdom courts, regardless of the place of delivery.