1. Contracting Parties
This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website including but not limited to those whose URLs are www.photopug.com and http://www.photopug.com (our “website”), whether as a guest or a registered user.
Please read these terms carefully before you start to use our websites. You may only use our website (and the services provided through our website) if you agree to these terms. Your continued use of our website indicates your acceptance that these terms apply to our website and your use of them. All information and transactions on our website are in English.
2. Your Consumer Rights
2.1. Product description
We try to ensure that all of the items shown on the website are accurately represented however slight variations in colour, typefaces and layout may be experienced.
2.2. Price and Sales Tax
Prices of all products unless otherwise clearly indicated include 18% VAT.
2.3. Delivery
We aim to post all orders within 5 working days of receipt of order.
At the time of purchase you will be notified of the delivery charges applicable on each order.
2.4. Return of defective goods
Your goods will leave our hands in perfect condition. However occasionally goods can be damaged in transit and we are keen to rectify any problem as quickly as possible.
In the event that the product(s) is defective, you may return it to us at your own expense within 14 days of receiving such product(s). Please return the product(s) to the postal address set out in the “Contact Us” section. We will offer to reimburse the price that you have paid for the product(s) to your credit or debit card. Alternatively if you call us immediately on the number shown in the “Contact Us” section, we may offer to reprint and resend the product(s) free of charge.
All complaints will be acknowledged within 5 working days. We will endeavor to resolve any complaints within 14 days and keep you informed during the resolution process. Please note that your right to return items to us in accordance with these terms and conditions is in addition to any other statutory rights you may have under Maltese or EU laws.
3. Privacy and Security Policy
We are committed to protecting your privacy. We will only use the information that we collect about you in accordance with the Data Protection Act of 2001. You may update your personal information online.
3.1. What we will do with your contact information
photopug.com will not sell or pass your name, address or e mail address to any third party unless legally obliged to by the Maltese Government authorities. We will use this information to send you an e-mail newsletter every month to keep you informed of new products and seasonal offers. In addition you may choose to receive e-mail reminders.
3.2. Opt out
When you register on the site you will be given the opportunity to opt out of receiving any communication from us other than that required to process your registration or subsequent orders. At any point you can change this preference in your account details.
3.3. E-mail reminders and opt in
In order to receive e mail reminders from photopug.com you must opt in to receive communications from us. If at any point you decide to opt out we will not be able to send you any more reminders.
3.4. Cookies
In order to improve the service offered to you technology may be used to track the patterns of behavior of visitors to the site and to help personalise the content displayed to each user. This can include using a “cookie” which would be stored on your browser.
3.5. Encryption of personal Information
The Website uses Secure Socket Layers (SSL), the most advanced security system available. All of the personal information you enter, including your name, address, and the contents of your address book, is encrypted by secure server software before it is safely transmitted across the internet. Our Customer Service has access to this information.
3.6. Encryption of passwords
We appreciate that many people use the same password for all their internet accounts and therefore this information is very sensitive. For this reason your password remains encrypted and we do not have access to it. If you have forgotten your password we can send you a new temporary password. You are then able to access your account and change the password to something which you will remember.
3.7. Credit card transactions
For your security, your card details are transferred directly to our Payment Service Provider (PSP) (APCO Limited, who are PCI DSS compliant) for immediate authorisation. We not store, process, or transmit any cardholder data on our premises of any format but rely entirely APCO Limited) to handle these functions. Once we have received authorisation from the PSP that your payment has been received, your order will be confirmed.
4. Use of the Website
4.1. Abuse of Service
You agree not to use the website directly or indirectly for any unlawful purpose or so as to cause distress or offence to any person. We reserve the right not to process your order if we decide that you are using the website for such purposes and ban you from placing orders with us in the future. In such an event we will refund any payment made by you.
4.2. Intellectual Property
All text, software, music, sound, photographs, graphics, video, page layouts, design and other material that is contained on the website is protected by our or third party copyrights, trade marks, service marks, patents or other proprietary rights and laws. You are not permitted, except where expressly authorised to do so, to change, copy, store, publish, rent, license, sell or distribute in any way any of these intellectual property rights. You agree not to display or use photopug.com or our logo it in any manner without our prior written consent.
4.3. Website Content
The website is provided on an “as is” and “as available” basis and we shall not be liable to you for your inability to use the service. No advice or information, whether oral or written, obtained by you via the website will create any warranty not expressly stated in these terms and conditions; and all warranties in respect of the website, the items supplied by us and any other services that we may provide through the website from time to time are excluded to the fullest extent permitted by law. This does not prejudice your statutory rights.
4.4. Amendment of sites and services
We reserve the right to amend the website and the items and services that we offer to you via the website without notice to you from time to time.
4.5. External links
We may provide links to other websites or resources from time to time. These links are provided for your convenience. We do not endorse the contents of those websites, are not responsible for the availability of these websites and will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked third party websites you do so at your own risk.
70 Free Photos Registration Offer
This a one time offer valid per one household. Multiple registration emails based the on same address will not be validated and will be charged accordingly, even though registration is made with a different email.
General
These terms and conditions constitute the entire agreement in respect of the use of the website and the items and services offered via the website. We may vary these terms and conditions from time to time without notice and you should therefore check them each time you intend to use the website.
If any of these terms and conditions is found to be invalid this shall not affect the validity of the remaining provisions which shall remain fully enforceable. No waiver by us of any term shall be deemed to be continuing or shall be deemed to be a waiver of any other term.
These terms and conditions will be interpreted and construed in accordance with the laws of Malta and the EU, and will be subject to the non-exclusive jurisdiction of the Maltese Courts.
