Asda Personalisation site Terms and Conditions of Use

The ASDA online Personalisation service is operated by Keramikos/PNI Digital Media Inc. Set out below are the terms of use for the service:

1. TERMS

1.1 These Terms govern the relationship between you as an authorised user ("Authorised User" or "you") of the ASDA Personalisation online site ("OPC") and Keramokos/ PNI Digital Media Inc. ("PNI") for the following purposes:

• uploading personalised gifting requests to the OPC;

1.2 Please read these Terms carefully because they form a legal document. By using the OPC, you agree to be bound with Keramokos/PNI by these Terms. The OPC may only be used if you accept these Terms. You may only use this OPC if you are aged eighteen (18) years or over.

1.3 These Terms do not affect any consumer rights which you may have under the provisions of any law or regulation in the country where you live ("Local Law"), except where those rights are capable of being waived by you under the provisions of your Local Law. You agree that, by you agreeing to these Terms with Keramikos/PNI, you waive any consumer rights you have which are capable of being waived under your Local Law and that these Terms are the only terms and conditions that apply between you and Keramikos/PNI in respect of your use of the OPC and the supply of personalised gifts.

2. TERMS OF PURCHASE OF PERSONALISED  GIFTS

2.1 By the display and description of this OPC, Karasmikos/PNI does not agree to process your order and supply your gifts at the prices specified, or at all.

2.2 These Terms will not form a binding contract between you and Karamokos/PNI for the purchase and supply of the gifts until the following conditions have been met:

• you have submitted your offer to buy certain gifts ('Order') using the order facility provided; and
• Keramikos/PNI notifies you by e-mail that your Order for those Gifts has been accepted and Keramikos/PNI agrees to supply the gifts to you.

2.3 Keramikos/PNI will not be responsible for any loss or damage, howsoever arising, as a result of a failure, refusal or inability by Keramikos/PNI to fulfil an Order.

3. PRICE AND SPECIFICATION OF PRINTS

3.1 All prices quoted include UK value added tax (at the applicable rate from time to time), and if there is a separate postage and packaging charge this is listed with the price and specification of Gifts. The total cost is the "Purchase Price". PNI shall not be liable for any other sales taxes, customs or import duties or other taxes which may be imposed on you by any relevant taxing authority. You are responsible for any such taxes.

3.2 All Purchase Prices and specifications of  Gifts are subject to change without notice to you, except where Keramikos/PNI has accepted your Order and agreed to deliver the Gifts to you in accordance with Clause 2.2.

3.3 Any Purchase Price payable for use of the OPC must be paid in advance. The Purchase Price is paid by credit or debit card. We have the right to check with your card provider and any credit reference agency or bank to confirm whether or not you are able to pay the Purchase Price. We have the right to refuse your order at our discretion.

4.DELIVERY OF GIFTS

4.1 All Orders will be delivered to you at the address given by you during the checkout process, within 7 working days of your Order being accepted by kERAMIKOS/PNI pursuant to Clause 2.2 above, unless an alternative timeframe is notified to you by PNI prior to the expiry of specified delivery period.

4.2 Notwithstanding Clause 4.1, the time of delivery is an estimate only and Keramikos/PNI shall not be liable for any late delivery of the Gifts or any loss or damage caused as a result.

5. Return & Refund Policy - 100% guarantee

5.1 Asda understands the value of every picture you take and that is why we offer a 100% satisfaction guarantee. If you find you are dissatisfied with any digital print or gift for any reason we will provide you with a replacement or a full refund as long as you let us know within 28 days of date of receipt. We ask that the unsatisfactory gifts are returned to us, to investigate and to enable us to continue to provide the best quality gifts in the future.

We will firstly do our utmost to remake the order to your satisfaction. Please be aware you will be required to wait the specified delivery period during this process.

In the unlikely event that you are still not satisfied you may request a refund which will be credited to the credit card used when placing the original order. If you are dissatisfied for any reason with

• Personalised Gifts

please return the product to the FREEPOST address you will find on the outside of all Asda photo packaging, along with a covering letter i.e.:

Freepost RSJT-XEEL-XBLR
Asda Personalisation Service Team
ASDA Contact Centre
Asda House
Great Wilson Street
Leeds
LS11 5AD

NB: All returns must be made within 28 days of receipt.

Common Questions about Returns and Refunds

How do I send back returned items?
Simply repackage the item and send it to the FREEPOST address you will find above and on the outside of all Asda photo packaging. Please include a covering letter. All returns must be made within 28 days of receipt.

Can I cancel an order I've placed but haven't received?
Unfortunately, we cannot cancel or adjust any online orders. If you believe that you've placed an order in error, please contact us as soon as possible

6. DURATION OF TERMS AND CONDITIONS

6.1 These Terms are binding upon you immediately you accept them in accordance with Clause 1 and they will remain in force until both parties have performed their obligations under these Terms or either party breaches its obligations under these Terms.

6.2 Termination in accordance with this Clause 6 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to either of us.

7. KERAMIKOS/PNI'S RESPONSIBILITIES

7.1kERAMIKOS/ PNI undertakes to use commercially reasonable endeavours to prevent breaches of security of the OPC (including your credit or debit card details provided by you when you submit an Order for Gifts), and to use reasonable endeavours to ensure that any PNI suppliers, subcontractors or agents comply with this Clause 7.1.

7.2 Keramikos/PNI will use reasonable endeavours to respond to your Order within a reasonable length of time.

7.3 The OPC is provided on an "as is" and "as available" basis, and Keramikos/PNI makes no representation or warranty that the OPC offered will be accessible, or usable by you, or error free.

7.4 Keramikos/PNI reserves the right without notice to you, to suspend or alter the operation of the OPC, at its sole discretion or for legal or technical reasons. Keramikos/PNI may without notice and at our sole discretion delete or remove any image that has been uploaded or submitted for printing. Keramikos/ PNI will give you as much notice as possible prior to taking any of the actions described in this Clause, but prior notice may not always be feasible for a variety of reasons.

7.5 It is possible that images or other material may appear on our web site which are unlawful or offensive. We are not responsible for such images or material but if you become aware of any such images or material on the web site you should please inform us without delay.

7.6 We may at our discretion contact law enforcement authorities if we believe that anything unlawful is occurring or has occurred in relation to the web site (including the uploading of any images in breach of the above restrictions). We may provide copies of any relevant images or material to the law enforcement authorities and in that connection may also give them access to any personal data that is held by us.

8. YOUR RESPONSIBILITIES

8.1 You agree that you are responsible for the security and use of any user names or passwords needed to access the OPC or any part of it. You must take all reasonable steps to ensure that these user names and passwords are kept confidential and secure and that you do not allow any unauthorised person to access the OPC using your user name or password.

8.2 You warrant that you are at least 18 years old and the proper authorised owner of the credit card, details of which you supply to Keramikos/PNI. If you give details of a non-existent credit card number or the number of a credit card that belongs to someone else, we reserve the right to terminate your account without notice.

8.3 You agree only to send to us images in which you own the copyright (e.g. you took the photographs or they were taken with your permission with your camera) or images which you are authorised to send to us. You agree not to infringe the intellectual property rights of any third party.

8.4 You acknowledge that all copyright, trademarks and all other intellectual property rights in any part of the OPC or any material supplied as part of the OPC belongs to us or our licensors. You acknowledge that you are permitted to use the OPC only as expressly authorised by us pursuant to these Terms. You are not allowed to remove any copyright, trade mark or any other intellectual property notices contained in the original material from any material copied or printed off from the web site.

8.5 You agree to indemnify Keramikos/PNI against any claims, costs, expenses or legal proceedings caused as a result of your use of this OPC in contravention of this Clause 8. Further, in these circumstances, PNI shall be entitled to treat the contravention as a material breach of these Terms and terminate the Terms, cancel any pending orders for Prints made by you and terminate any access permission granted to you by PNI forthwith, without notice to you.

8.6 A condition of Membership is your "Active Participation" in the OPC. Active Participation is defined as logging onto the OPC at least once every 60 days. If your Member account is inactive for a period of over 60 days, Keramikos/PNI may terminate your Membership (or any part thereof) or use of the OPC and remove and discard any content, including but not limited to any and all information, communications, postings, albums, image files or any other content within the OPC.

8.7 By registering your details with Keramikos/PNI you agree that ASDA or Keramikos/PNI may send you details of changes and improvements to the OPC, great value products which are offered by ASDA, competitions and more, by email or otherwise. We may also pass your details to 3rd Parties who may contact you for market research purposes in relation to ASDA's services. If you would rather not receive this information, you may opt out by simply logging in to your account and changing your preferences in 'My details'

8.8 You are advised to also read our Privacy Policy.

9. LIMITATION OF LIABILITY

9.1 Any material or software downloaded or otherwise obtained through use of the OPC is used at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

9.2 We have taken every care in preparing the material made available to you via the OPC. To the extent permitted by applicable law, we disclaim all express and implied warranties as to the accuracy of the information given in the OPC. We shall not be liable to you or any other person for any loss or damage which may arise from your use of the OPC (other than by reason of fraud) including:

• loss of business; loss of revenue; loss of profits; loss of anticipated savings; wasted expenditure, loss of privacy and/or loss of data;
• loss or damage, which arises from your misuse of any of the information contained in any of the materials made available to you via the OPC; and/or
• other loss or damage which does not result directly from our actions or the actions of our agents and other suppliers.

9.3 If Keramikos/PNI is unable to perform any obligation under these 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 Keramikos/PNI, Keramikos/PNI will have no liability for that failure to perform.

9.4 Our financial liability to you in the event of your completed Order being lost in despatch shall be limited to the higher of the payment you have made for the particular Order or the level of compensation awarded from time to time by the Royal Mail or such other carrier as we may use from time to time.

9.5 We may modify or discontinue, temporarily or permanently, any part of the OPC, with or without notice to you, and you confirm that we shall not be liable to you or to any third party for any modification to, or discontinuance of, any part of the OPC.

9.6 Any liability we may have to you shall be limited to the reprinting of the Images or reimbursement of charges paid (if any).

9.7 Our exclusions of liability shall not apply to any damages arising from death or personal injury caused by our negligence or that of any of our employees or agents.

9.9 You will indemnify us and our officers and employees against any action, claim, damages, liability, costs and expenses arising out of:

• any use by you or your guests of this web site in breach of these terms,
• any claim that the uploading of any images by you or on your behalf is an infringement of any third party's copyright, trade mark or other intellectual property rights;
• any claim that the processing, printing or other dealing with by us in accordance with these terms of any images uploaded by you or on your behalf is an infringement of any third party's copyright, trade mark or other intellectual property rights

10. NOTICES

10.1 You may send a legal notice to Keramikos/PNI, or any questions you may have concerning these Terms, by e-mail to photocustomerservices@asda.co.uk, or writing to us at: ASDA, c/o PNI Digital Media Inc., Suite R, Medina Chambers, Town Quay, Southampton, Hampshire, S014 2AQ. Such notices will be effective within 3 days of receipt by PNI.

10.2 Keramikos/PNI may give notice to you by general notice on the web site, ASDA.com, by e-mail to your e-mail address on record with Keramikos/PNI, or by post to the geographical address on record with Keramikos/PNI. Such notice will be effective if sent by e-mail or posted on ASDA's web site, 3 days from the date it was sent or posted. If sent by regular post, it will be effective 3 days after posting by Keramikos/PNI.

11. THIRD PARTIES

11.1 Nothing in these 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 Terms.

12. GENERAL

12.1 These Terms form the entire agreement between you and Keramikos/PNI and supersede any other oral or written communications, agreements or representations with respect to your use of this OPC.

12.2 Keramikos/PNI reserves the right to add to or change the terms of these Terms in its sole discretion without prior notice to you. All changes to the Terms will be effective once posted on the OPC. Keramikos/PNI will provide notice of the changes to the Terms for (30) days after posting the amended Terms on the OPC. Your continued use of the OPC and submission of any Order in accordance with Clause 2.2 above following Keramikos/PNI's posting of such changes will be regarded by Keramikos/PNI as acceptance of the amended Terms. If you do not agree to be bound by the amended Terms, you should exit the OPC and not access the OPC or submit any Orders for Gifts to Keramikos/ PNI.

12.3 Nothing in these Terms affects your statutory rights as a consumer.

12.4 If any part of these Terms are held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these Terms will not be affected.

12.7 Your use of the Internet is solely at your risk and subject to all applicable laws, and Keramikos/PNI has no responsibility for any information, software, services or other materials accessed or obtained by you using the Internet.

12.8 Unless otherwise specified elsewhere in this OPC, all Gifts will only be delivered to those Authorised Users who are located in the United Kingdom. Keramikos/PNI makes no representation that any of the Gifts are appropriate for use, or available, in any other locations. Unless otherwise specified elsewhere in this OPC, those who choose to access this OPC from any location outside the UK are solely responsible for compliance with Local Law if, and to the extent it is applicable.

12.9 These Terms are governed by the laws of England, and subject to the non-exclusive jurisdiction of the English Courts.

13. Company Details

13.1 The Personalisation website is operated on behalf of ASDA by PNI Digital Media Inc. UK registered company: PNI Digital Media Europe Ltd
Registered office: Suite R, Medina Chambers, Town Quay, Southampton, Hampshire, S014 2AQ
Company Number: 2626037
VAT Number: 742 6867 04
Contact: helpdesk@pnimedia.com

 

Need to add Keramikos details