Terms & Conditions
Please read these Terms of Service, Returns and Privacy Policy (“Terms”) carefully as they contain the legal terms and conditions that you agree to when you use the Print Service provided to you by The Darkroom UK Ltd. By using the Print Service you agree to be bound by these Terms, which contain provisions applicable to all users of our service.
1. The Print Service is operated by The Darkroom UK Ltd whose business address is 15 Berkeley Mews, High Street, Cheltenham, GL50 1DY The Darkroom UK Ltd is also referred to in these Terms as “we” and “us”. We reserve the right to amend these Terms from time to time.
2. The Print Service (the “Service”), operated by The Darkroom UK Ltd, is only available to customers in the UK and Ireland. The Service offered allows you to order made-to-order goods and services via the internet: photographs; posters; and canvas prints of your images. Your images will be uploaded and stored in accordance with section 18 below. Once your order has been completed and payment is confirmed The Darkroom UK Ltd will prepare your order for you to pickup by visiting our store within normal working hours (or dispatch by Royal Mail recorded delivery or similar service if you have expressly chosen a post back service). Unless otherwise expressly stated, all new features and/or enhancements of the Service will be subjected to these Terms.
3. The Darkroom UK Ltd uses reasonable endeavours to ensure that the Service is available 24 hours a day 7 days a week and telephone help will be available during normal working hours. On occasion the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond our control. We will take reasonable steps to minimise such disruption where it is within our reasonable control. You agree that The Darkroom UK Ltd shall not be liable to you for any modification, suspension or discontinuance of the Service.
4. The Darkroom UK Ltd has a firm commitment to safeguarding your privacy. Please review The Darkroom UK Ltd’s Privacy Policy (see below), the terms of which are part of these Terms.
5. All brand, product and service names used in the Service which identify The Darkroom UK Ltd or third parties and their products and services are the property of The Darkroom UK Ltd and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any licence or right on the part of The Darkroom UK Ltd or any third party with respect to any such image, logo or name.
6. The Darkroom UK Ltd and/or the relevant third parties are, unless otherwise stated, the owner of all copyright and database rights in the Service and its contents. You may not publish, distribute, extract, re-utilise or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means).
7. The Darkroom UK Ltd does not endorse or take responsibility for the content on other websites or the availability of other websites which you access via the Service and you agree that The Darkroom UK Ltd is not liable for any loss or damage that you may suffer by using other websites.
8. These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with these Terms shall be subject to the jurisdiction of the courts of England and Wales.
9. These terms constitute the entire agreement between The Darkroom UK Ltd and you with respect to your use of the Service. The Darkroom UK Ltd’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more right or provision contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.
10. No contract will exist between you and The Darkroom UK Ltd for the supply of any services or products unless and until The Darkroom UK Ltd accepts your order by a confirmatory e-mail.
11. All prices are stated in UK £’s sterling and are valid until altered by us. Prices do not include any delivery charges or duties. Any dates specified for delivery of any products are intended to be an estimate only.
12. Please read carefully The Darkroom UK Ltd’s Returns Policy, which forms part of these Terms.
13. For the sole purpose of fulfilling any orders for you, you grant to The Darkroom UK Ltd a non-exclusive, royalty-free licence to use, copy, distribute, and display your images.
14. You are personally responsible for all of the images you order for print or copy using the Service. You must have the legal right to copy each image that you order for print. Professional images that are provided to you by professional photographers or made available through websites, magazines, books or other resources, are protected by copyright and should not be sent to the Service to be printed.
You agree not to use the Service:
15.1 for any unlawful purpose;
15.2 to upload, post, order for print, email or otherwise transmit or communicate any material that is obscene, indecent, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libellous, vulgar, illegal or otherwise objectionable;
15.3 to upload, post, order for print, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including but not limited to The Darkroom UK Ltd;
15.4 to harm minors in any way, including, but not limited to, content that is indecent, violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
15.5 to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
15.6 to upload, post, email or otherwise transmit any material which is likely to cause harm to The Darkroom UK Ltd or anyone else’s computer system, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorised access to the Service which may cause any defect, error, malfunction or corruption to the Service;
You further agree that you shall not:
15.7 interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or
15.8 provide any information to The Darkroom UK Ltd that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose.
16. The Darkroom UK Ltd does not control the content of your images and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material you provide to the Service.
17. You agree that The Darkroom UK Ltd may at any time without notice:
17.1 move or suspend any part of the Service; or
17.2 refuse to fulfil any order, or any part of any order and delete any images you have sent to the Service if, in The Darkroom UK Ltd’ sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires The Darkroom UK Ltd to do so.
18. The Darkroom UK Ltd will retain your images for ten days from the date we post your prints to you after which they may be deleted without further notice being given to you. The Darkroom UK Ltd may change this policy at any time, upon reasonable notice to you.
19. The Darkroom UK Ltd agrees that all services will be carried out with reasonable skill and care, and any good supplied will be of satisfactory quality and reasonably fit for its purpose.
The Service, The Darkroom UK Ltd’s sites and related products and services are provided by The Darkroom UK Ltd “as is” with no warranties whatsoever. All implied, express and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a specific purpose, and non-infringement, are expressly disclaimed. To the extent of the law The Darkroom UK Ltd disclaims any warranties for the security, reliability, timeliness and performance of this Service.
You understand and agree that the submission of any digital content or image to The Darkroom UK Ltd, the download or upload of any material through the Service is done at your own risk and discretion and that you will be solely responsible for any loss or damage to your content, image or any loss or damage to your computer system or loss of data that may result in the download or upload of any material. You are solely responsible for making back-ups of your digital content and digital images.
EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, THE DARKROOM UK LTD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICE, THE DARKROOM UK LTD’S SITE AND ALL RELATED PRODUCTS AND SERVICES, EVEN IF THE DARKROOM UK LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
20. Nothing in these Terms and Conditions shall confer on any third party any benefit or right to enforce any term of this Agreement. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms.
21. The company's registration name is The Darkroom UK Ltd. The company's place of registration is Gloucestershire, England. The company's registered office address is Kingscott Dix, Stella Way, Bishops Cleeve, GL52 7DQ. The company's number is 4666484.
The Darkroom UK Ltd Returns Policy
1. The Service is not a colour matching service and although we will endeavour to produce the best quality from each image there will be colour variations and colour shifts caused by many factors including your own monitor settings and calibration. All products and services are made-to-order.
2. You may return any item if you are unhappy within 14 days of receipt for a replacement or for a full refund please ensure your receipt and order reference number is enclosed. If we have sent you the wrong item The Darkroom UK Ltd will also refund your original delivery cost. If you have any questions, please e-mail us at al@the-darkroom.co.uk or call the phone number listed in your order confirmation e-mail.
3. Where an order cannot be completed for technical reasons, such as an unprintable film, then the bank charge of 50p is deducted from that portion of the order refund.
4. If you do need to make a return, simply send your order – in the original packaging, if possible – along with the payment receipt and order number to the following address:
Customer Services, The Darkroom UK Ltd, 15 Berkeley Mews, High Street, Cheltenham, GL50 1DY
We will refund the sale when we receive you returned order.
Terms of website use
This agreement is between THE DARKROOM UK LTD (referred to as “us”, “our” or “we” in these terms) and the visitor to our website (referred to as “you” or “your” in these terms).
1 Terms of use
1.1 You may use this website providing you agree to these terms of use and by your use you will be deemed to have accepted these terms. If you do not agree to these terms of use, you must not use this website.
1.2 We reserve the right to change these terms of use by posting any changes on the website. The new terms will be effective immediately they are posted.
2 Use of material
We recognise that when you obtain access to our website, your computer downloads a copy of the material on this website. By obtaining access to our website, you agree that you will use the material for your personal use only. You agree not to use the material for any commercial purpose.
3 Intellectual property
Our website and its related pages, including but not limited to content, software, code, graphics or other material contained either in the advertisements or electronically distributed on this website is owned The Darkroom UK Ltd, the Software providers (LiveLink Tech Ltd) and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Unauthorised use of any copyrighted material, trademarks or any other intellectual property without the expressed written consent of the owner is strictly prohibited.
4 Warranties
4.1 We do not give any warranty, condition, guarantee or representation, express or implied, relating to information contained on this website or to any website to which it is linked.
4.2 Further, we do not warrant that our website will be free of error or that the website and the server are free of computer viruses or other harmful applications.
5 Links to third party sites
We may from time to time, let you leave the site to linked sites. The linked sites are not under our control and we explicitly state that we are not responsible for the contents of any linked site. The links are provided for your convenience and any such link does not imply endorsement by us of the site or of any association with the operators of the site.
6 Who we are:
This website is owned and controlled by The Darkroom UK Ltd.
The full postal address is The Darkroom UK Ltd, 15 Berkeley Mews, High Street, Cheltenham, GL50 1DY.
7 Limitation of liability
7.1 We shall not be liable to you, except in respect of injury or death of any person (for which no limit applies within the jurisdiction of England and Wales) regardless of the form of action, whether in contract, tort (including negligence and breach of statutory duty), strict liability, or otherwise whatsoever, for any loss of profit, business, contracts, or revenues, or for any special, indirect or consequential damage of any nature whatsoever arising directly or indirectly out of your use of our website.
7.2 If you enter our website, you agree that this clause 7 relating to limitation of liability is reasonable and reflects the nature of a website.
8 Severance
If any term is held to be invalid, unlawful or unenforceable, it shall not affect the enforceability of any of the remaining terms.
9 Law
These terms of use shall be governed and construed in accordance with English law and be subject to the exclusive jurisdiction of the English courts.
Copyright Notice
1 This website is owned by THE DARKROOM UK LTD Cheltenham (referred to as “us”, “our” or “we” in these terms). This Copyright Notice refers to our website, and applies to each visitor to our website (referred to as “you” or “your” in these terms).
2 Intellectual Property
Our website and all of the related pages, including but not limited to content, software, code, graphics or other material contained either in the sponsor advertisements or electronically distributed on this website is owned by The Darkroom UK Ltd or the sponsors or both and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Unauthorised use of any copyrighted materials, trademarks or any intellectual property without the express written consent of the owner is strictly prohibited.
3 License to use material
3.1 We recognise that when you obtain access to our website, your computer downloads a copy of the material on this website. By obtaining access to our website, you agree that you will use the material for your personal use only. You agree not to use the material for any commercial purpose.
3.2 In particular, notwithstanding the content of clause 2 above, you may not do any of the following without prior written permission from us;
3.2.1 redistribute or modify any of the content of our website unless you obtain written permission from us by way of an authorised officer;
3.2.2 remove any copyright or trade mark notices from any copies of the content;
3.2.3 create a database in electronic or structured manual form by systematically downloading and storing all or any of the content of our website.
Privacy Statement and GDPR
This Privacy Statement is provided by THE DARKROOM UK LTD (referred to as “us”, “our” or “we” in these terms) for the information of visitors (referred to as “you” or “your” in these terms) to our website.
1. We wish to demonstrate our firm commitment to your rights to privacy. This is why we have set out the privacy guidelines set out below. You will probably appreciate that these guidelines will need to change over time. We will post changes to this page when such changes are necessary.
2 Law
The information contained in this Privacy Statement shall be governed and construed in accordance with English law and be subject to the exclusive jurisdiction of the English courts.
3 Who we are
This website is owned and controlled by The Darkroom UK Ltd.
The full postal address is The Darkroom UK Ltd, 15 Berkeley Mews, High Street, Cheltenham, GL50 1DY.
4 Information gathered by us
4.1 You will appreciate that we need to gather some personal information from you when you wish to buy our products or services. The full details of the information we need is set out on the order form. You can volunteer some of the information we ask, but you are not obliged to fill in all the boxes marked with an asterisk.
4.2 Any information that is gathered from visitors or customers to this site is not sold, made available to, or otherwise distributed to third parties for any purpose.
4.3 We may, on occasions, collect additional personal information from surveys and contests, which you will not be obliged to fill in or return to us.
4.4 The information you provide will enable us to provide information about our company to you and to contact you. We will only provide this information where you indicate that you wish to receive further information from us on a regular basis.
4.5 We also collect demographic and profile data on our website. This information may be combined with other forms of information to permit us to bring together, in aggregate form, information about the people who use our site. Such information will enable us to understand, in general terms, user preferences in relation to the content of the site and the effectiveness of the advertising.
5 Information that is automatically logged
When you enter our site, we use your internet protocol (“IP”) address to help diagnose problems with our server, to administer our website and to help identify you. We also have the ability to know what type of operating system and browser software you use and to identify the geographical location of your browser. Your IP address is also used by us to gather broad demographic information and other purposes, such as monitoring visitor frequency.
6 Cookies
This is a file that is transferred from the website to the hard drive of your computer. We use cookies to track your activities on our website. A cookie will not allow a website operator to obtain information of a personal nature that will identify yourself to us, such as your name and address. We will only be aware of such information if you provide the information to us or you have set the preferences in your browser to provide this information automatically.
7 What do we do with the information we collect
The information in aggregate form permits us to carry out an analysis of user behaviour in general. This allows us to measure overall interest in our site and to help us develop the site to make it more interesting in general terms. The analysis we perform does not include any personal information provided by you but we merely use the aggregate form of the information for these purposes, which may be shared with a third party. We will not provide any personal information to any third party unless you give us specific authority to do so.
8 Registration and order forms
8.1 Our order forms ask you to provide us with your contact details, such as name, postal and e-mail addresses. In addition, we need financial information, such as details of your bank account or credit card number when you order from us.
8.2 The information you provide will enable us to provide information about our company to you and to contact you. We will only provide this information where you indicate that you wish to receive further information from us on a regular basis.
9 Telling you what information we hold about you
If you wish to know what information we hold on you, please contact us. We will only send this information to the e-mail address we have on file, unless you send us your postal address and request us to send the information to you at your postal address.
10 Removing and correcting information
If you request us to remove your personal information from our database or you wish us to amend or change the information we hold about you on our database, we will remove or amend any such information on your request.
11 Data quality
You may change and modify the information you have previously provided to us, as follows:
11.1 Send an email to us at al@the-darkroom.co.uk
11.2 Send a letter to The Darkroom UK Ltd, 15 Berkeley Mews, High Street, Cheltenham, GL50 1DY
12 Contact us
If you have any questions about this privacy statement, how we run the website or your dealing with our website, please send an e-mail to us at al@the-darkroom.co.uk
How Green is The Darkroom?
We are aware of the impact business activity can have on the environment and act in responsible and ethical manner in sourcing materials and how we dispose of waste. No business can afford to waste materials or energy, but sensible economics do not by themselves mean ethical policy.
Qualifying for FSC certification is beyond the budget of a small business, but we benefit from the policies of our suppliers. Antalis, who supply paper and card for our greetings cards, are certified by FSC and PEFC (https://www.antalis.co.uk/business/home/environment/sustainability/fsc--pefc-certification.html) so we know that our purchases from them are from well-managed sources. Permajet, who supply our giclee papers, are also working towards their own standard. Our Epson giclee inks always have been water based.
In 2016, we changed from traditional chemical-based photographic processing for print to DryLab and this too uses water-based inks for printing. The wastage from this print method is almost zero: a handful of paper shaving per week and equipment that uses a fraction of electricity of the older method. Where we still use photographic chemicals, we use an electrolytic process to recover silver from waste water and manufacturers, such as Fujifilm who supply chemicals for our wet processes, face strict regulation to ensure the products they supply degrade quickly and cause minimal environmental impact.
Where ever practicable plastic packaging, surplus paper and card are collected by the Play resource centre in Gloucester for inventive use by schools arts and crafts. Anything else is divided into material types for plastic and paper-based recycling and we are encouraging our local council to provide further services, not just for our business, but for our business neighbours too.
We will keep this statement updated as we review and seek to reduce our environmental footprint.
April 2019