Photodeli launched in August 2008, is one of South Africa's founding providers of web-to-print products including photobooks, photo calendars, photo posters and other related products. Below we outline the Terms and Conditions by which we trade.
Please read these terms & conditions carefully, by accessing this web site you agree to be bound by the terms & conditions as stated below. If you do not agree to the terms & conditions stated below, please do not access or use the Photodeli web site.
"The Client" shall mean any person, company or entity using or ordering through the Photodeli website, any Photodeli Software and / or product offerings. "Photodeli" shall mean Photodeli (Pty) Ltd, the Company managing, developing and offering the service, its employees, directors and shareholders.
Acceptance of orders
All orders are accepted according to these terms and conditions. By using the Photodeli software or website you accept these terms and conditions. After processing an order, the uploaded file is kept on the Photodeli server for a period of one (1) week. Alternatively, upon request, the decrypted order can be written to CD on behalf of the client, there will be an extra cost involved.
All materials and software belong to Photodeli (Pty) Ltd. All rights are reserved worldwide. It is strictly prohibited to redistribute copy or republish any of the material and software contained on the Photodeli web site. Words, names, and designs used to identify services or products are considered trademark, service marks, and/or logos. The Client is responsible for the content of their product/s that they submit to Photodeli for printing. Photodeli does not accept any liability for the copyright of the photos, graphics, logos and other content used in the products offered and ordered. The Client must ensure that they are not breeching any copyright, patent, trademark or any other law before uploading a product to Photodeli. The Client is responsible for all possible consequences of unlawful use of protected data. The Client must also ensure that the content of the product submitted complies with all legal requirements relating to obscenity, libel or any other matter. The Client will be subject to the legal provisions of South Africa and any other relevant country. These terms and conditions shall be governed by and construed in accordance with the laws of South Africa. Any disputes arising under or in connection with these terms shall be subject to the non-exclusive jurisdiction of a court in South Africa. The Client acknowledges that Photodeli does not pre-screen content, but that Photodeli and its designers shall have the right (but not the obligation) in their sole discretion to remove any content that violates the terms of service or may otherwise be objectionable. The Client further acknowledges and agrees that Photodeli may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
The Photodeli software may only be used to compose and order a photo product offered by Photodeli. The Client or any representative of The Client is forbidden to decompile the software, undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Software. Such action will be deemed criminal and offenders will be prosecuted using the full extent of the law.
All orders are normally delivered within seven (7/14) working days after the payment of an order has been received – books sent to destinations outside the borders of South Africa may take longer (Allow 4 – 6 weeks for delivery). Delays in the delivery time can under no circumstances be used to cancel an order or to claim any compensation. Any order is subject to cancellation or variation by reason of Force Majeure from any cause whatsoever beyond Photodeli's control including inter alia: inability to secure labour, materials, power or supplies, or by reason of an Act of God, war, civil disturbance, riot, state of emergency, strikes, lockout or other labour disputes, fire, flood, drought or legislation. In regards to delivery time, not all products have the same delivery time. Please ensure that orders with different delivery times are ordered separately.
You may access any part of the website provided that is not password protected. Accesses to some parts of our website are only available if you have a valid username and password. You may not access these areas without a valid username and password.
We may change the format and content of our website (or any products or services offered by our website) at any time. We may terminate or suspend the operation of our website (or terminate or suspend any products or services offered through our website) for support or maintenance work, in order to update the content or for any other reason. We may do this at any time with prior notice to the registered members. You are advised to keep back ups of all material provided to us.
Photodeli shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569
Photodeli is committed to client satisfaction and stands behind the quality of every product we ship with a 100% Guarantee against any actual defects in manufacturing or workmanship. However, we cannot accept responsibility for client-created errors beyond our control, such as mistakes in typing, grammar, design, image resolution, image quality or errors in user-selected options like product type, size, and printing and paper options. Please preview your project carefully and fix any errors prior to ordering.
If you are unhappy with the quality of your merchandise, please contact us within 14 days to discuss your concern with one of our friendly client service representatives. Photodeli will provide a refund or a replacement of merchandise, due to a manufacturing defect that was caused by Photodeli. You are required to return the defective product with the original tax invoice for our inspection prior to any refund being processed. Because these are custom products created by you, Photodeli is not able to provide refunds or replacement of merchandise with user-generated defects such as typos, misspellings, design or layout errors, poor image quality, low image resolution, mistakes in selecting product size, product type, paper selection, or printing options or failure to remember or use coupons.
Please be aware that although Photodeli uses sophisticated digital presses and color calibration techniques, slight color variations may occur book-to-book or from the colors of your computer screen. These slight color variations are normal and will not be refunded.
As a Photodeli client, you agree to defend, indemnify and hold harmless Photodeli, our officers, directors, employees, licensors, agents, suppliers and any third-party information providers to the Service from and against all damages, losses, expenses and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions or any activity or event related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account.
Any and all action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. The parties hereby agree that any claims made hereunder shall be subject to the magistrates court.
Photodeli can in no way be held responsible for damage or loss to, or of the uploaded files or to non-delivery of any product due to incorrect information given or failure by the couriers to locate and deliver the product to The Client. Photodeli is not responsible for 3rd party shipping errors, omissions or damaged shipments. Photodeli cannot be held responsible in any way for the quality of the photographs placed by The Client into the products offered. It is for The Client to ensure and determine that the quality of photograph taken and placed into the product is suitable before ordering and uploading the file to Photodeli. Photodeli takes no responsibility for the colour of covers represented by a swatch block and description in the website as they act as a guideline only. Photodeli shall not be required to produce any matter which in their opinion is illegal or defamatory or obscene and retains the right to execute orders placed. The Client shall indemnify Photodeli against any claims, costs and expenses arising out of infringement of copyright, trademark, patent or design. Photodeli gives no warranty, express or implied, concerning the suitability of the goods supplied for any purpose whatsoever nor shall Photodeli be liable for any direct, indirect, consequential or other loss including loss to third parties arising out of errors in carrying out an order placed or by delay in delivery, or by the suitability of goods for use as intended.
All reasonable steps are taken to ensure that the information on our website is accurate and up-to-date. We do not, however, warrant that the content or information displayed is always accurate, complete and/or current. Any comments uploaded by our users or any authorised experts invited as our guests are their opinions alone and do not in any way represent our views, opinions, beliefs or values.
All products displayed on our website are subject to availability and will be delivered within the Republic of South Africa as well as to destinations outside of RSA. All prices shown on our website are quoted in South African Rands and are valid and effective only in the Republic of South Africa. We reserve the right to discontinue or change the specifications of our products and services from time to time without notice. We will inform you as soon as possible if any products or services ordered by you are not available.
Orders placed online constitute your offer to purchase subject to these Terms. Your offer is deemed to have been accepted by us when you receive our confirmation of your order. Failure by us to formally confirm or notify acceptance shall not affect the validity of the sale or the enforceability thereof.
If for any reason you would like to cancel an order, this may be done by contacting Client Services. Please note that should production have already started on your order we reserve the right to charge you the full purchase price. If you cancel your payment for any reason or if your payment card should cease to be valid for whatever reason, you will nevertheless be bound to pay the full purchase price, including all costs incurred by us relating to the recovery thereof. Without prejudice to any other rights or remedies in law, we reserve the right to cancel forthwith any sale and/or your registration in the event of your breach any of the Terms.
Risk in the products shall pass to you or your authorized representative on delivery. We will retain ownership in the products until payment has been received in full.
Payment may be made via Visa, MasterCard, Diners or American Express credit cards or by bank transfer into the ABC bank account, the details of which will be provided on request.
Credit card transactions will be acquired for Photodeli via Virtual Card Services PTY Ltd (VCS) who are the approved payment gateway for Standard Bank of South Africa. VCS uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.vcs.co.za to view their security certificate and security policy.
Customer details will be stored by Photodeli separately from card details which are entered by the client on VCS's secure site. For more detail on VCS refer to www.vcs.co.za.
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).
Photodeli takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
This website is governed by the laws of South Africa and Photodeli chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
Photodeli may, in its sole discretion, change this agreement or any part thereof at any time without notice.
This website is run by Photodeli, (Pty) Ltd,based in South Africa trading as Photodeli. and with registration number 2005/002427/07 and Marc Blachowitz as the sole owner.
Support : firstname.lastname@example.org
Support: telephone – (021) 421 3749