Terms and Conditions

1. Introduction  

These Terms and Conditions ("Terms") govern your use of the website picta.com/uk (the "Website") and the Picta mobile application (the "App"), and your purchase of products from Pictarine SAS ("We", "Us", "Our"). 

In these Terms, the following definitions apply: 

App: The Picta software application provided by Us, available for download from application stores (such as the Apple App Store and Google Play Store), which allows access to the Services. 

Products: Any of the personalised goods (such as photo books, prints, calendars, wall art, etc.) offered for sale on the Website and the App. 

Services: The digital photo printing and product personalisation services offered by Us. 

Website: The website located at picta.com/uk through which We offer Our Products and Services. 

You/Your: The individual consumer purchasing Products from Us. 

2. Information About Us and How to Contact Us 

2.1. We are Pictarine SAS. Our registered office is at 46 rue Marco Polo 31670 LABEGE, France. 

2.2. You can contact Us by writing to Us at [email protected]. 

2.3. If We have to contact You, We will do so by telephone or by writing to You at the email address You provided to Us in Your order. 

3. Our Services and Products 

3.1. We provide Services that allow You to upload Your own photographic images ("Images") to create personalised Products. 

3.2. The images of the Products on Our Website and App are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images. 

3.3. The quality of the final printed Product is dependent on the quality, resolution, and format of the Image You provide. We provide guidance on minimum recommended image resolutions on Our Website. We are not responsible for poor print quality resulting from low-resolution or poorly formatted Images supplied by You. 

4. How the Contract is Formed Between You and Us 

4.1. Our order process allows You to check and amend any errors before submitting Your order to Us. Please take the time to read and check Your order at each section of the order process. 

4.2. After You place an order, You will receive an e-mail from Us acknowledging that We have received Your order. However, please note that this does not mean that Your order has been accepted. Your order constitutes an offer to Us to buy a Product. 

4.3. Our acceptance of Your order will take place when We send You an email that confirms that the order has been accepted ("Order Confirmation"). The contract between us will only be formed when We send You the Order Confirmation. 

5. Price and Payment 

5.1. The prices of the Products will be as quoted on Our Website and App at the time You submit Your order. Prices are in pounds sterling (GBP) and exclude VAT. 

5.2. Prices for Our Products may change from time to time, but changes will not affect any order You have already placed and which We have confirmed. 

5.3. The price of a Product does not include delivery charges. Our delivery charges are as advised to You during the check-out process, before You confirm Your order. 

5.4. Payment for all Products must be made at the time of order by credit or debit card, or any other payment method specified on the Website. 

6. Delivery 

6.1. We will provide an estimated delivery date during the order process. This date is an estimate only and time is not of the essence of the contract. 

6.2. Unless We agree otherwise with You, We will deliver the Products without undue delay and in any event not more than 30 days after the day on which the contract is entered into. 

6.3. Delivery of an order shall be completed when We deliver the Products to the address You gave Us. The Products will be Your responsibility from that time. 

6.4. You own the Products once We have received payment in full, including all applicable delivery charges. 

7. Your Right to Cancel and the Exception for Personalised Goods 

7.1. As a consumer, You have a legal right to cancel a contract under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 7.2. This means that during the relevant period if You change Your mind or decide for any other reason that You do not want a Product, You can notify Us of Your decision to cancel the contract and receive a refund. 

7.2. Your legal right to cancel an Order starts from the date of the Order Confirmation (the date when the contract is formed) and ends 14 days after the day on which You receive the product. 

7.3. However, this cancellation right does not apply in the case of contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalised. 

7.4. All Products available for purchase from Us are made to Your specifications and are clearly personalised. Therefore, You do not have a legal right to cancel Your Order once it is formed. We must inform You of this before You place Your order. By placing an order with Us, You acknowledge and agree that the right to cancel does not apply. 

8. Your Rights if There is a Problem with the Products (Consumer Rights Act 2015) 

8.1. This clause is about Your rights if the Products are faulty or misdescribed, which are separate from Your right to cancel under Clause 7. Under the Consumer Rights Act 2015, We have a legal duty to supply Products that are in conformity with this contract. This means Products must be as described, fit for purpose and of satisfactory quality. 

8.2. If a Product is faulty, You have a short-term right to reject it. You can exercise this right for up to 30 days from the date of delivery. If You do so, You are entitled to a full refund. 

8.3. If You do not exercise Your short-term right to reject, or if the 30-day period has passed, You are entitled to a repair or replacement of the faulty Product. If a repair or replacement is not possible, or if it fails, You may then have the right to a price reduction or a final right to reject the Product. 

8.4. To exercise these rights, please contact Our customer service team. You will be required to return the faulty Product to Us. 

9. Your Obligations: User-Generated Content and Intellectual Property 

9.1. You are solely responsible for the Images and any other content You upload to the Website or App. You must have the legal right to copy and use these Images. 

9.2. You must not upload any Images or content that are unlawful, obscene, defamatory, or that infringe the intellectual property rights or privacy rights of any third party. 

9.3. By uploading an Image, You grant Us a non-exclusive, fully paid up and royalty-free, worldwide licence to use, reproduce, modify, process, publicly perform, publicly display and distribute that Image for the sole purpose of producing and delivering the Product(s) You have ordered. 

9.4. You warrant that You own the copyright in the Images or have obtained the express permission of the copyright owner to use them for the purposes of Your order. You agree to indemnify Us and hold Us harmless against any and all claims, liabilities, damages, costs, and expenses (including legal fees) arising from any breach of this warranty. 

10. Our Intellectual Property 

All intellectual property rights in or arising out of or in connection with the Website, App, and Our brand (including text, graphics, logos, software) are owned by Us. Your use of the Website and App does not grant You any rights to Our intellectual property. 

11. Our Responsibility for Loss or Damage Suffered by You (Liability) 

11.1. If We fail to comply with these Terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breaking this contract or Our failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable. 

11.2. We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity. 

11.3. We do not in any way exclude or limit Our liability for: 

(a) death or personal injury caused by Our negligence; 

(b) fraud or fraudulent misrepresentation; 

(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); 

(d) any breach of the terms implied by section 9, 10 and 11 of the Consumer Rights Act 2015 (satisfactory quality, fitness for purpose and as described); and 

(e) defective products under the Consumer Protection Act 1987. 

12. How We May Use Your Personal Information (UK GDPR Compliance) 

We will only use Your personal information as set out in Our Privacy Policy. Please take the time to read Our Privacy Policy, as it includes important terms which apply to You. 

13. Events Outside Our Control (Force Majeure) 

We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under this contract that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond Our reasonable control. 

14. Other Important Terms 

14.1. We may transfer Our rights and obligations under this contract to another organisation. 

14.2. This contract is between You and Us. No other person shall have any rights to enforce any of its terms. 

14.3. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect. 

14.4. If We do not insist immediately that You do anything You are required to do under these Terms, or if We delay in taking steps against You in respect of Your breaking this contract, that will not mean that You do not have to do those things and it will not prevent Us taking steps against You at a later date. 

15. Which Laws Apply to This Contract and Where You May Bring Legal Proceedings 

15.1. These Terms and the operations resulting from them are governed and subject to English, Scottish or Northern Irish law depending on where you live. 

15.2 In the event of a dispute, You must first contact Pictarine’s customer service by e-mail at [email protected] or by post at Pictarine, 46 rue Marco Polo 31670 LABEGE, in order to seek an amicable solution. 

15.3. In the absence of an amicable resolution, any dispute relating to the interpretation, execution or termination of these Terms will be submitted to French courts.