In these terms and conditions, Photo-Me International plc is referred to as ‘Photo-Me’.
Below are set out the terms and conditions applicable to use by any person (‘customer’) who uses any of Photo-Me’s photo booths (‘PMI Booths’). By using a PMI Booth, a customer shall be deemed to accept these terms and conditions.
The customer agrees not to use the PMI Booth for any unlawful purpose of any purposes unconnected with the taking of photographs by the PMI Booth.
TITLE TO, AND COPYRIGHT, IN THE PRODUCT
So long as the customer pays the full price for the product, title to, and copyright in, the photograph produced by the PMI Booth’ (‘product’ or ‘photographs’) belongs to the customer immediately the photograph is produced. Photo-Me does not retain any copy of photographs produced by the PMI Booth.
REFUNDING CUSTOMERS, AND LIMITATION ON PHOTO-ME’S LIABILITY
In the rare cases of the PMI Booth producing photographs that are not of satisfactory quality, the following sets out the maximum liability of Photo-Me, and a customer’s sole remedy, for defective products sold by Photo-Me in PMI Booths, whether such liability is in contract, negligence, statute or otherwise at law.
In order to seek a refund, a customer may contact Photo-Me by: writing to Customer Service Department, Photo-Me International plc, 3b Blenheim Road, Longmead Industrial Estate, Epsom KT19 9AP; emailing email@example.com; or phoning 0800 035 6600.
Photo-Me will normally issue a full refund for a single set of photographs on a ‘no-quibble’ basis but reserves the right to ask customers to send in photographs to support the claim for a single set refund, multiple purchases or if a customer has previously been paid a refund by Photo-Me, to enable Photo-Me to evaluate the alleged problems with the photographs. Where Photo-Me reserves this right, the cost of sending Photo-Me the photographs by ordinary first-class post will also be refunded if Photo-Me determines that a refund is due on the photographs.
Where a customer phones Photo-Me’s call centre, Photo-Me may ask the customer to write in if the caller is difficult to understand in order to ensure that the refund is correctly issued.
INDIRECT AND CONSEQUENTIAL LOSSES
In no event shall Photo-Me have any liability whatsoever for any indirect or consequential loss incurred by a customer or anyone for whom a customer may be acting howsoever that loss may be caused and regardless of whether Photo-Me has or is deemed to have any knowledge that non-production of a photograph or a defect or problem with any photograph would or is likely to give rise to such loss. A non-exhaustive example of such indirect losses includes travel fares incurred by a customer for the purpose of going elsewhere to have their photo taken.
None of the above in any way affects Photo-Me’s liability for death or personal injury due to its negligence.
Where a customer deals as a consumer, none of the above affects the customer’s statutory rights.