Terms & Conditions

TERMS AND CONDITIONS

Effective day 20 July 2017

Please read these Terms of Use ("Terms") carefully – by accessing or making any use of Splento, you are agreeing to them. You also agree to our Privacy Policy, which sets out how we deal with Splento users' personal information and privacy, as well as Delivery, Cancellations, Returns and Refunds Policies.

https://www.splento.com (the "Website") is owned and operated by SPLENTO LTD ("our", "us" and "we"). We're a company registered in England and Wales with registration number 09595739. Our registered office is Tintagel House, 92 Albert Embankment, London, SE1 7TY, UK.

If there is anything that you do not understand or need further clarifications on, please feel free to email us at support@splento.com.

1. CONTRACT
1.1. A contract between a User and Splento for the purchase of a Product is created as follows:

a) The User places the order for a Product on the Site or App by pressing an order confirmation button at the end of the checkout process.

b)By confirming your order, you are agreeing to purchase the Product you have selected. At this point, we take payment for your order by means of your nominated Payment Method.

c)If you are an existing Splento User, all the relevant information about your order will be saved in your Splento account https://www.splento.com/profile and also sent to you by email. A short order summary will also be sent by SMS.

d)If you are not an existing Splento User, we will automatically create a Splento account for you with your invoice and order details. All your information will be securely stored and handled in accordance with the recent privacy legislation (GDPR and Privacy Shield Frameworks). You can delete your account at any point and still be able to receive your photos, but you won't be able to access your invoices or order any additional services related to your order (such as premium editing, photo albums, extra hours, etc) online and would have to do it manually via email.

e)After you place an order, we will send you a “Thanks for your order” email with order details.

f)When the Product you have selected in ready, we will send you “your photos are ready to download” email and text with a link to your private online gallery. All your photos and invoices will also be saved in your Splento account.

1.2. Note that Splento may reject an order in certain circumstances, namely:

-Your order breaching the requirements of these Terms;

-The Product you order being unavailable;

-Our inability to obtain authorisation for your payment; or

-A relevant pricing or Product description error being identified.

1.3. If your order is rejected, we will contact you to confirm this and reverse the payment you have made for that order. You have the right to cancel your contract for the purchase of a Product, provided you notify us of the cancellation no longer than 14 days after the day of the purchase. We will refund the purchase price you have paid for the Product.

2. PRIVACY POLICY
2.1. Our Privacy Policy governs all users of Splento. By using or accessing Splento, you give your consent to the content of that policy. If you do not wish your personal data to be handled in that way, then you must not use Splento.

3. GENERAL
3.1. Users shall not use the Services in connection with the sending of any unsolicited messages, or to harvest or otherwise collect information about Users, including email addresses, without their express consent.

3.2. No User shall use any information regarding other Users that is accessible through the Services except as expressly permitted by these Terms. These Terms set out your rights and obligations, and those of Splento ("we" or "us"), in relation to www.splento.com (the "Site"), any Splento application that you access (the "App") and any goods or services available through, and material of any kind accessible or relating to, the Site, the App or us (the “Services”).

3.3. When we refer to "Splento" in these Terms, we mean us, the Site, the App and/or the Services, according to the context. You must take the time to read and understand these Terms before Splento. By registering with Splento, you accept that you are entering into a contract with us under these Terms.

3.4. People who register for Splento establish an "Account", and become "Users". Visitors to Splento who do not become Users, but who nevertheless use the Site and/or download the App, affirm that they are bound by these Terms each time they access Splento. You should be aware that these Terms may change from time to time.

3.5. Products Splento provides Users with the facility to download digital photographic images (we refer to those images as our “Products”), and to access those Images through the User’s Account. Splento also offers Users the ability to download/purchase:

a) a single Product;

b) a number of Products; or

c) a collection of Products.

3.6. As Splento evolves and changes over time, we may add Products or remove Products from our Services.

4. MISCELLANEOUS
4.1. If we ask you to provide some information about yourself when you register for Splento, you must ensure that this information is accurate and current. You may keep this information updated through your Account.

Note that we are entitled to treat anything done through a User's Account, or by means of an email address, phone number or other communications method associated with that Account, as having been done by the User; it is up to the User to maintain the security of his/her Account.

5. PAYMENT
5.1 When you book an order for a Product and you have opted for an invoice you will need to make payment in accordance with your invoice.

5.2 In the event, payment has not been received in accordance with your invoice after 29 days the Company may, without limiting its other rights, charge interest on such sums at 4% above the base rate of Barclays Bank plc from time to time in force, upon discussion with you and confirmed in writing.

5.3. In the event that you supply or attempt to use an invalid Payment Method, or a Payment Method which has lapsed, an order made using that Payment Method will fail.

5.4. If we suspect that your Payment Method belongs to someone else or is one which you are not entitled to use, we reserve the right to suspend or terminate your Account at any time.

5.5. The same person may not register more than one Account. We reserve the right to suspend or terminate any Account which we reasonably suspect of infringing this requirement.

5.6. Important: You must ensure that the email address we hold for you is kept up-to-date and that you have full access to it – we will be sending you important messages there. So if you change email address, then you must change it on your Account. Should you provide an invalid email address or an email address that belongs to someone else, Splento may terminate your Account at any time without notice.

5.7. You should not register as a User if you are under 13 years of age.

6. CHILDREN
6.1. We do not intend to solicit or collect personal information from anyone under the age of 18 without parental consent. If you are under 18, you shall not use or enter information on this site, including without limitation, any Interactive Areas of the site without parental consent. Please contact Customer Services by email at support@splento.com, to obtain the necessary parental consent forms.

7. REFUND POLICY
7.1. Please note that all refunds are subject to Splento Customer Support Manager’s approval. We reserve the right to change or modify this policy at any time

7.2. An individual download may be eligible for a refund, if it meets any of the following criteria:

Duplicate Download: If an identical image/size is accidentally downloaded multiple times.

Failed Download: If there is a technical problem preventing the successful download of the image. This may include a corrupt file, unexpected removal of image, or site technical difficulties. Please note that support must be contacted before a refund can be requested.

Poor Quality: This may include compression artifacts, noise, copyright infringement, blown highlights, hot pixels, or any other major quality defect (must be confirmed by a Splento Customer Support Manager).

For all other refunds, we will return your money via the original purchase method. If you purchased with PayPal or SagePay, we will refund the full amount to your PayPal or SagePay account.

7.3. In the case of a credit card purchase, we will return the full amount to your credit card. Please note that refunds may take several days to process, depending on the nature of the purchase. Credit card refunds may take up to a full week to be accurately reflected on your card.

7.4. To request a refund, please contact support at support@splento.com.

8. CREDIT CARD INFORMATION
8.1. Credit card details are entered on a secured page and they are transferred using SSL or another technology, depending on what applies. Card details are processed via SagePay. We accept 3D Secure transactions.

9. LIABILITY
9.1. We use reasonable care and skill to provide Splento in accordance with our specifications for Splento but: the Services are provided "as is"; and we cannot and do not guarantee that Splento or the Services will meet your requirements, including (without limitation) as to the availability or speed of delivery of any User Content placed on or made through Splento.

9.2. We shall have no obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise, save as expressly provided in these Terms.

9.3. Nothing in these Terms excludes or restricts our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence, nor our contractual obligations in respect of Products we agree to supply following our acceptance of your order. We, our agents, directors, officers, shareholders, employees and subcontractors will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise for:

a) any loss of revenue, data, business, anticipated savings, profits, opportunity, goodwill or reputation, or for any business interruption; or

b) for any indirect, special or consequential loss damage, costs or other claims, howsoever caused or arising

9.4. Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law.

9.5. For the avoidance of doubt, Splento will not have liability to you or any other person in respect of User Content. We will not be liable for any failure to perform our obligations under these Terms caused by matters beyond our reasonable control.