Terms & Condition
Please read these Terms carefully and make sure you understand them before ordering any Products from the Site as they will apply to each contract between us for the sale of the Products to you (Contract). Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from the Site.
You should print a copy of these Terms or save them to your computer or device for future reference.
We may amend these Terms from time to time as set out below. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms are only available in the English language.
In these Terms we mention certain legal rights you have as a consumer. These Terms do not affect or change these legal rights. Advice about your rights is available from your local Citizens' Advice Bureau or Trading Standards office
1. Information about us
We are Lidl Digital International GmbH & Co. KG, a company incorporated in Germany and with our registered office at Stiftsbergstraße 1, 74172 Neckarsulm, Germany (we, us, our). Our VAT number is DE814 838 662.
To contact us, including if you have any complaints, please see our Customer Services page [https://customer.lidl-photos.co.uk/contact]
2. How a contract is formed between you and us
- Our Site and Products are only intended for customers with a billing address and delivery address in England, Wales, Scotland or Northern Ireland.
- The Products are only available to you if you are over the age of 18. If you are underage, please do not attempt to order any Products through our Site.
- The conclusion of any Contract will be exclusively in the English language.
- 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 stage of the order process.
- Once you have: (i) completed the online order process by entering the information requested; (ii) uploaded your digital image files in the correct format (Images) and; (iii) clicked on the "Order and pay" button, you will have placed an order, which means you have made an offer to us to buy the Product(s) chosen by you.
- After you place an order, you will receive an e-mail from us acknowledging that we have received your order (Confirmation). However, please note that the Confirmation does not mean your order has been accepted. Our acceptance of your order will take place as described in Condition 2.7 below.
- Your order will only be accepted by us and a Contract between us will only be formed at the earlier of either us: (i) sending the Product(s) to you; or (ii) sending you an e-mail that confirms that the Product(s) have been dispatched.
- If we are unable to supply you with a Product, for example because a Product is not in stock or no longer available or because of an error in the price on our Site, we will inform you of this by e-mail and we will not process your order. If you have already paid for a Product, we will refund you the full amount as soon as possible.
- We only supply the Product(s) for domestic and private use. You agree not to use the Product(s) for any commercial, business or resale purposes without our written consent. Where we receive an order for a volume of Product(s) that we reasonably consider is larger than is customary for domestic or private use or which may be used for any commercial, business or resale purposes we reserve the right to decline to accept, or cancel, the order.
- Your orders will be saved by us after the Contract is concluded. If you lose your records about your orders, please contact us by email or telephone and we will send you a copy of the relevant order information.
- You have certain rights under the law about the standard of the Products including that they will be of satisfactory quality and match any description of them that we provide to you. If any of the Products do not meet these standards, please let us know as soon as possible.
- The images of the Products on the Site are for illustrative purposes only. Your Products may vary slightly from those images. Amongst other things, although we have made every effort to display colours accurately, we cannot guarantee that your device's display of the colours accurately reflects the Products.
- All Products shown on the Site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available.
4. Delivery of Products
- Your order will be fulfilled as soon as possible and in any event within the estimated number of working days (Monday to Saturday, except for bank holidays) set out on the relevant page containing details of the Product(s) you have ordered. Occasionally our delivery to you may be affected by an Event Outside Our Control (as defined in Condition 11 below). If we are unable to meet the estimated delivery date because of an Event Outside our Control, we will contact you with a revised estimated date.
- When you have placed an order for more than one Product, the greatest estimated delivery time applicable to any of those Products shall determine the estimated delivery time applicable to all the Products you have ordered.
- Delivery of an order shall be completed when we deliver the Product(s) to the address you gave us and the Product(s) will be your responsibility from that time.
- You own the Product(s) once we have received payment in full, including all applicable delivery charges.
5. Exclusion of the Right to Cancel orders for Products
- The Products are made to your specification, incorporate your Images and are clearly personalised to you. As a result, nothing in these Terms gives you a right of cancellation in relation to the Products under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
6. Prices and Shipping Costs
- The prices of the Products will be as quoted in pound sterling on the Site from time to time. We take all reasonable care to ensure that the prices are correct at the time when the relevant information was entered into the system. However, if we discover an error in the price of your order, we will inform you and we will give you the option of continuing your order at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing we do not have to provide the Product(s) to you at the incorrect (lower) price.
- Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
- The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery or performance, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
- The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the order and check-out process, before you confirm your order.
- You can only pay for the Product(s) through a recognised online payment process which we direct you to at checkout or with a debit or credit card.
- We reserve the right to refuse to accept other payment methods and we do not accept physical cash payments, payment by cheque or bank transfers.
- Payment for the Product(s) and all applicable delivery charges is in advance.
- Where you have chosen to pay us through an online payment process (e.g. PayPal), you expressly authorise us to collect the amounts due to us following your submission of an order.
- Where you have chosen to pay us by credit card, you expressly authorise us to charge your credit card with the amounts due for the Product(s) once your Product(s) has been dispatched.
- Upon shipping the Product(s), the invoice will be sent by email or, if no email address has been provided by you, by post to the billing address provided.
- We reserve the right to suspend delivery of the Product(s), suspend your ability to change or add to orders on the Site and/or cancel your order with you if we are refused authority from your card issuer for payment or we reasonably believe that payment will be refused. You agree to compensate us in full against any and all reasonable costs and expenses (including reasonable legal costs and expenses) that we may incur in obtaining payments due from you that you have not made in accordance with your order as set out in these Terms.
8. Our liability
- As a consumer, you have legal rights in relation to Products that are faulty, performed poorly or not as described. Nothing in these Terms will affect these legal rights.
- If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage are foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time you placed your order.
- We do not in any way exclude or limit our liability (if any) for:
- (a) death or personal injury caused by our negligence;
- (b) fraud or fraudulent misrepresentation;
- (c) your non-excludable legal rights that you have as a consumer in respect of the Products.
9. Intellectual Property Rights
- By uploading Images to the Site you grant to us a limited, non-exclusive, fully paid up and royalty free licence to use, modify, reproduce and distribute the Image(s) solely for the purpose of fulfilling your order or otherwise providing the services you have requested (and promise that you are able to grant this licence, even if you are not the original photographer).
- You agree not to upload any Images that infringe someone else's rights or breach the law. Infringing someone else's rights can include uploading Images which are owned by someone else, or which contain images of other people, where you have not got their consent to use them (though these are not the only examples). You promise to compensate us fully in the event that you breach that restriction. This means that you will be responsible for any loss or damage we suffer as a result of your breach of that restriction.
- We reserve the right to refuse to fulfill, or cancel, any order (or part of it) if we believe that an Image breaches someone else's rights (for example, if it infringes someone else's copyright).
10. Our right to vary these Terms
- We may revise these Terms from time to time, for instance to reflect changes in how we accept payment from you, changes in relevant laws and regulatory requirements or changes in our business or Products.
- Every time you order Products from us, the Terms in force at that time will apply to your order.
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract then (a) we will contact you as soon as reasonably possible to notify you; and (b) our obligations under an order will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you or our performance of the Services, we will arrange a new delivery or performance date with you after the Event Outside Our Control is over.
12. Availability of the Site
- We make no promise that the Site will meet all your requirements and we cannot guarantee that the Site will be fault free. If a fault occurs, please report it to us using the details on the Contact Us page and we will correct the fault as soon as we reasonably can.
- The Site has been optimised for access from desktop and laptop computers. Some or all of its functionality may be unavailable or impaired when accessing using smartphones or other devices.
- Your access to the Site may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the Site as soon as we reasonably can. In the event that our Site is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order using the details in the Contact Services page.
- We may transfer our rights and obligations under an order to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
- This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
- 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.
- If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- We will do our best to resolve any disputes regarding these Terms. If you wish to take court proceedings against us, you may do so within the courts of England and Wales. Relevant English law will apply.
Asterisk texts / Legal Notice
Unless expressly indicated otherwise all prices include VAT, delivery costs not included. See our price list for details. Prices incl. VAT, excl. postage & packaging.