Terms and Conditions
For our Privacy Policy, which details what we do with your data, please click the Privacy Policy link on our getphotos website. Please also read the Privacy Policy in conjunction with our Terms and Conditions.
We may change our Terms and Conditions & Privacy Policy from time to time, so please check this page occasionally to ensure that you’re happy with any changes. By using our website, you’re agreeing to be bound by our Terms and Conditions, and Privacy Policy. By doing so you are giving consent to Vancols to process your data submitted through our getphotos website to fulfil your photo order.
We want you to know that you can unsubscribe from our services at any time & that we never sell your details on to any other companies.
To do this please email gdpr@vancols.com, making sure you tell us the email address that you used to register, and we will delete or amend your details from our records or unsubscribe you as required, just let us know!
Who are we?
We’re Vancols, and we’ve specialised in School Photography for sixty years. You can write to us / send us postcard.. / or call us using these details should you want to get in touch: Vancols Ltd / Rotary Portraits Ltd (Comp no 00789570), The Old School, School Lane, CO6 4BN. Phone: 01206 271 521. Email is gdpr@vancols.com
Terms and Conditions
Getphotos.co.uk, is an Internet based web album and photographic sales system operated by Van Cols Ltd, ("we" or "us") of Van Cols Ltd & Rotary Portraits Ltd, The Old School, School Lane, Great Horkesley, Colchester, Essex, and laid out below are the terms and conditions of use for the Service. The web site may only be used in accordance with these terms.
Vancols respects user’s data rights and as such have reflected this in our Privacy Policy which details how the user can get in contact with us to exercise their rights. Customers can contact Vancols on the email address gdpr@vancols.com, or on the phone and address details above.
The terms laid out below govern the relationship between you as a user ("you or user") and Van Cols Ltd. The web site and the services provided through the web site, can only be used if you agree to these terms and conditions & privacy policy.
1. General Terms
1.0 Purchase Terms
These purchase terms ("Purchase Terms") comprise a binding contract between you as a user of Van Cols Ltd / Rotary Portraits Ltd for the purchase of photographic prints ("Prints") made from digital files supplied by Van Cols Ltd / Rotary Portraits Ltd employed photographers.
1.1 Legal Document
Please read these Purchase Terms carefully because they form a legal document. By entering and using getphotos, you agree to be bound with Van Cols Ltd / Rotary Portraits Ltd by these Purchase Terms. If you do not wish to accept these Terms, you should not accept our terms and conditions, or privacy policy.
1.2 Local Law
UK Law governs all Terms and Conditions applied only.
2. Purchase Terms
2.0 Display
By the display and description of this Service, Van Cols Ltd / Rotary Portraits Ltd does not necessarily agree to process your order and supply your Prints at the prices specified.
2.1 Binding Contract
These Purchase Terms will not form a binding contract between you and Van Cols Ltd / Rotary Portraits Ltd for the purchase and supply of the Prints, until the following conditions have been met:
a. You have submitted an offer to buy certain Prints ("Order") using the order facility provided; and
b. Van Cols Ltd / Rotary Portraits Ltd notifies you by e-mail that your Order for Prints has been accepted and Van Cols Ltd agrees to supply the Prints to you. If you fill in the e-mail field when you register on getphotos, you will receive a confirmation by e-mail. Please also see Privacy Policy.
2.2 Loss or Damage
Van Cols Ltd / Rotary Portraits Ltd will not be responsible for any consequential loss or damage, howsoever arising, as a result of a failure, refusal or inability by Van Cols Ltd / Rotary Portraits Ltd to fulfill an Order.
3. Price and Specification of Prints
3.1 Prices and Taxes
All product prices quoted include VAT. There is a separate VAT inclusive postage and packaging charge and this is listed as Postage and Packing. The total cost is the "Purchase Price".
3.3 Change
All Purchase Prices and specifications of Prints are subject to change without notice, except where Van Cols Ltd has accepted your Order and agreed to deliver the Prints to you in accordance with Clause 2.1.
3.4 Payment
The Purchase Price payable for photographic prints must be paid in advance by:
a. Credit card or Debit Card through our on-line service
b. Cheque or Postal Order sent with an order for prints by post, to Van Cols Ltd / Rotary Portraits Ltd, The Old School, School Lane, Great Horkesley, Colchester, Essex, CO6 4BN
Van Cols Ltd retains the right to check with your card provider and/or any bank to confirm whether you can pay the Purchase Price. Van Cols Ltd / Rotary Portraits Ltd has the right to refuse your order at their discretion.
4. Delivery of Prints
4.0 Delivery
All Prints will be delivered to you at the address given during the order process, within the service time frame of max 28 days from time of Van Cols Ltd / Rotary Portraits Ltd receiving order.
4.1 Estimate
Notwithstanding Clause 4.0, the time of delivery is an estimate only and Van Cols Ltd / Rotary Portraits Ltd shall not be liable for any late delivery of the Prints or any consequential loss or damage caused as a result.
5. Returns Policy
5.0 Returns
In the event that the Prints are damaged or defective when you receive them, or do not match the description specified in the Service, you will be entitled to return the Prints to Van Cols Ltd / Rotary Portraits Ltd, within 14 days of receipt by you. In those circumstances, Van Cols Ltd / Rotary Portraits Ltd, Van Cols Ltd / Rotary Portraits Ltd will either reprint the photographs or provide a full refund of the Purchase Price, together with the return postage and packing.
5.1 Not Faulty
In the event that you return any Prints to Van Cols Ltd / Rotary Portraits Ltd, in accordance with Clause 5.0 and Van Cols Ltd / Rotary Portraits Ltd can demonstrate that they were not faulty when received by you, Van Cols Ltd / Rotary Portraits Ltd, reserves the right to return the Prints to you.
6. Duration of Purchase Terms and Termination
6.0 Duration
These Purchase Terms are binding upon you immediately you accept them in accordance with Clause 2 and they will remain in force until both parties have performed their obligations under these Purchase Terms or either party breaches its obligations under these Purchase Terms.
6.1 Termination
Termination in accordance with this Clause 6.0 shall not prejudice or affect any right of action or remedy, which shall have accrued or shall thereafter accrue to either party.
7. Van Cols Ltd / Rotary Portraits Ltd
7.0 Security
Van Cols Ltd / Rotary Portraits Ltd uses payment processers through a secure encrypted payment handshake when a transaction is submitted. We do not store this payment data. Van Cols Ltd only operates from its secure head office site based in Colchester. Van Cols Ltd / Rotary Portraits Ltd does not send information outside of the EU. Van Cols Ltd / Rotary Portraits Ltd servers are UK based and on site and are protected by appropriate digital security. Van Cols Ltd / Rotary Portraits Ltd do not use or share your data with any third parties when preparing your order, or at any other point once the order is complete. Orders are delivered in white label packaging, with identifying data to view apart from name and postal address. All orders are prepared at our secure head office site, as we operate an in-house laboratory, and packing department. All staff are vetted with the appropriate checks.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
7.1 Response
Van Cols Ltd / Rotary Portraits Ltd will use reasonable endeavors to respond to your Order within the stated time.
7.2 "As Is"
The service is provided on an "as is" and "as available" basis, and Van Cols Ltd / Rotary Portraits Ltd makes no representation or warranty that the Service offered will be accessible, or useable by you, or error free.
7.3 Suspend or Alter
Van Cols Ltd / Rotary Portraits Ltd reserves the right, at its sole discretion, to suspend or alter the operation of the Service for legal, technical or any other reason. Van Cols Ltd / Rotary Portraits Ltd will give as much notice as possible prior to taking any of the actions described in this Clause, but prior notice may not always be feasible.
8. User's Responsibilities
8.0 Authorised Owner
You warrant that you are at least 18 years old and are the proper authorised owner of the credit card, details of which you supply to Van Cols Ltd / Rotary Portraits Ltd Credit Card Authorisation site when using the System. If you are under 18 years do not use the website.
8.1 Accurate Information
You warrant that all information given by you in your use of this Service is accurate and not misleading and that you will not use this Service:
a. for any fraudulent or illegal purposes
b. for the transmission or posting of any computer viruses or any material which is defamatory, offensive or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety. You agree that you will be liable for any action taken against Van Cols Ltd / Rotary Portraits Ltd or against you in relation to such use; and
c. in a manner which constitutes a violation or infringement of any right of person, firm or company, including but not limited to, rights of copyright or confidentiality.
8.2 Personal Use
You confirm that all pictures purchased using the Getphotos.co.uk Service are purchased strictly for your own personal use.
8.3 Copyright
You acknowledge and accept that all copyright, trademarks and all other intellectual property rights in any part of the Service or any material supplied as part of the Service belongs to Van Cols Ltd / Rotary Portraits Ltd You agree not to remove any copyright, trademark or any other intellectual property notices contained in the original material and/or from any prints purchased through the service.
8.4 Indemnify
You agree to indemnify Van Cols Ltd / Rotary Portraits Ltd against any claims, costs, expenses or legal proceedings caused as a result of your use of this Service in contravention of Clause 8.1. Further, in these circumstances, Van Cols Ltd / Rotary Portraits Ltd shall be entitled to treat the contravention as a material breach of these Purchase Terms and terminate the Purchase Terms, cancel any pending orders for Prints made by you and terminate any access permission granted to you by Van Cols Ltd / Rotary Portraits Ltd forthwith, without notice to you.
8.5 Privacy
Personal data provided to Van Cols Ltd / Rotary Portraits Ltd through this web site will only be used in accordance with our Privacy Policy. Please read through this carefully before proceeding. By providing your personal data you are consenting to its use in accordance with the privacy policy.
9. Limitation of Liability
9.0 Limit of Liability
To the extent that Van Cols Ltd / Rotary Portraits Ltd is deemed by a court of competent jurisdiction, to have any liability to you in relation to the Service or any Prints supplied by Van Cols Ltd / Rotary Portraits Ltd contractors or participating photographers, Van Cols Ltd / Rotary Portraits Ltd entire liability shall be limited to £500 for any one incident or series of related incidents and up to £1,000 for all incidents in any period of 12 months.
9.2 Not Liable
Van Cols Ltd / Rotary Portraits Ltd shall not be liable to you, other than through fraudulent or negligent misrepresentation, for:
a. any economic loss, including without limitation, loss of revenue, business, contracts, profits or anticipated savings;
b. any loss of goodwill or reputation;
c. any special, indirect or consequential loss.
10. Operation of the web site
10.0 Changes
Van Cols Ltd / Rotary Portraits Ltd may at its discretion change the format and content of the web site, or any products or services offered, at any time without notice.
10.1 Terminate
Van Cols Ltd / Rotary Portraits Ltd may suspend or terminate the operation of this web site or suspend or terminate provision of any products or services offered, for support, maintenance work, in order to update the content or for any other reason. Van Cols Ltd / Rotary Portraits Ltd may do this at any time and without notice.
11. Notices
Nil
11.0 Legal Notices
You may send a legal notice to Van Cols Ltd / Rotary Portraits Ltd, or any questions you may have concerning these Purchase Terms, by e-mail to gdpr@getphotos.co.uk, or by writing to Van Cols Ltd or Rotary Portraits Ltd, The Old School, School Lane, Great Horkesley, Colchester, Essex, CO6 4BN.
11.1 Give Notice
Nil.
12. Third Parties
12.0 Third Party Rights
Nothing in these Purchase Terms shall confer on any third party any benefit or the right to enforce any term of this Agreement. For the avoidance of doubt, the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Purchase Terms.
13. General
13.0 Entire Agreement
These Purchase Terms form the entire agreement between you and Van Cols Ltd / Rotary Portraits Ltd and supersede any other oral or written communications, agreements or representations with respect to your use of this Service.
13.1 Change of Terms
Van Cols Ltd / Rotary Portraits Ltd reserves the right to add to or change the terms of these Purchase Terms in its sole discretion without prior notice. All changes to the Purchase Terms will be effective once posted on the Getphotos.co.uk site. Your continued use of the Service and submission of any Order in accordance with Clause 2.1 above following Van Cols Ltd / Rotary Portraits Ltd posting of such changes will be regarded by Van Cols Ltd / Rotary Portraits Ltd as acceptance of the amended Purchase Terms. If you do not agree to be bound by the amended Purchase Terms you should exit the Service and not access the Service or submit any Orders for Prints.
13.2 Statutory Rights
Nothing in these Purchase Terms affects your statutory rights as a consumer.
13.3 Court Ruling
If any part of these Purchase Terms are held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these Purchase Terms will not be affected.
13.4 Beyond Control
If Van Cols Ltd / Rotary Portraits Ltd is unable to perform any obligation under these Purchase Terms because of a matter beyond its reasonable control, including but not limited to; fire, flood, explosion, war, civil disorder, industrial disputes, whether or not involving its employees, or other disasters or governmental laws and regulations imposed after the fact, or events beyond the reasonable control of Van Cols Ltd / Rotary Portraits Ltd. Van Cols Ltd / Rotary Portraits Ltd will have no liability for failure to perform the Service.
13.5 At Own Risk
Your use of the Internet is solely at your own risk and subject to all applicable laws and Van Cols Ltd has no responsibility for any information, software, services or other materials accessed or obtained by you using the Internet.
13.6 No Representation
Van Cols Ltd makes no representation that any Prints purchased using the Van Cols Ltd / Rotary Portraits Ltd On Line service are appropriate for your use.
13.7 Laws of England
These Purchase Terms are governed by the laws of England, and subject to the exclusive jurisdiction of the English Courts.
13.8 Viruses
We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990.