Terms & Conditions for supply of goods

The following provisions (together with the documents referred to on it) set out the Terms and Conditions on which we supply to you any of the goods listed on our Website. Please read these Terms and Conditions carefully and make sure that you understand them, before ordering any goods from our Website. You should understand that by ordering any of our goods, you agree to be bound by these Terms and Conditions.

You should print a copy of these Terms and Conditions and keep them for future reference.

Please click on the button marked "I Accept" at the end of these Terms and Conditions if you accept them. Please understand that if you refuse to accept these Terms and Conditions, you will not be able to order any goods from us.

Definitions:

In these Terms and Conditions the following words and expressions shall have the following meaning:

"We", "us", "our" all refer to Blue Planet Images Co. Limited a private limited company, incorporated in England and Wales under company number 4035277;

"You", "your", "yourself", "Buyer" all refer to you as the Buyer of our products both on-line and by other means such as, but not limited orders placed by telephone, e-mail or post;

"Terms and Conditions" means these terms and conditions for the supply of goods;

"Trading Address" means Blue Planet Images Co Limited, Buckland House, 39 Treffry Road, Truro, Cornwall, TR1 1WL, U.K.; and

"Website" means the website owned by us and accessed via the internet domain address: http://www.blueplanetimages.com/.

Your status

By registering as a user of our Website and/or placing an order through our Website or when purchasing goods from us by other means you warrant to us that:

  • You are legally capable of entering into binding contracts in accordance with English Law;
  • You are at least 18 years of age;
  • Any and all of the personal information that you are required to, and do provide to us, when registering as a user and / or Buyer by the use of this Website is in all respects true, accurate and complete;
  • You will not use nor supply any false nor misleading information to us

concerning, but not limited to, your name, identity, address nor any other personal details nor will you impersonate nor seek to impersonate any other person or entity;

  • You are in legal possession of a valid credit and/or bank debit card of a type acceptable to us and our Payment Service Providers and which you are lawfully entitled to use for purchases when ordering and purchasing goods from us through this Website or by other means such as, but not limited to, telephone orders; and
  • You fully comply and continue to comply with all of the Terms, Conditions and details as set out in this Website.

How we may contact you

If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provide to us in your order.

Description of goods

Whilst we are careful to try to ensure that to the best of our knowledge and belief, the description and availability for sale of all of the goods that we offer through this Website or by other means is up-to-date and accurately represented and& described: the stated dimensions of goods offered for sale are approximate; it is possible that from time to time the actual characteristics of the goods that we offer for sale may vary slight in some respects from the details as shown and described in the Website and /or goods may be out of stock and/or discontinued. In such circumstances we reserve the right to decline to accept the order and shall then contact you to discuss a mutually satisfactory solution to the problem.

Prices

The prices for goods are as quoted on our Website from time to time, except in the case of obvious errors and are subject to our final acceptance and confirmation by us in writing as set out below. These prices are quoted inclusive of U.K. Value Added Tax ("VAT") applicable at the time and date of purchase.

Postage and packing / delivery charges are clearly shown and added during the check-out process on our Website shopping pages.

Local taxes and/or import duties, if any, are not included and are payable by you where applicable.

We reserve the right to change our prices and/or delivery charges at any time without notice but any such changes will not affect orders already placed and confirmed prior to such changes. See Pricing and Ordering.

Purchasing & Payment:

To place an order to purchase goods with us via our Website you must follow the easy to follow step-by-step on-line shopping procedures as provided on our Website shopping pages, typing in the required information at each stage of the process. Any errors made during the ordering process can be corrected prior to the order being placed.

All our prices at this time are denominated in U.K. Pounds Sterling and all our payment arrangements are structured in this same currency. In case you wish to purchase goods through our Website in any other currency and are unable pay in U.K. Pounds Sterling, please Contact us.

Accepted methods for making payments

Payment for goods purchased from us via this Website can only be effected using those credit and debit cards specified in the shopping pages of this Website. We regret that at this time no other credit and/or debit cards are acceptable to us and our on-line Payment Service Providers.

In case you wish to pay by cheque or any other method of payment you should contact us by telephone, e-mail or post/mail and obtain our prior written consent.

In the unlikely event that there is a problem processing your order and payment we shall give you a telephone call and/or send you an e-mail and seek to resolve the problem.

Some of the reasons that might prevent us from being able to complete the processing and completion of your order might include, but not be limited to:

  • The goods that you have ordered are out of stock or no longer available;
  • There is an error in the description and/or pricing in our Website;
  • The issuer of your credit/debit card has declined to authorise payment to us; or
  • We have become aware that you have failed to comply with some aspect(s) of these Terms and Conditions.

Our right to refuse a transaction

You agree and acknowledge that we have the right (which may be exercised at our sole discretion), to refuse to process any transaction for any reason and at any time before we issue a confirmatory e-mail and/or to refuse to supply goods to you. You agree that we shall not be liable for any resultant delay or non-delivery of the goods in question.

How and when the contract is formed

The submission by you of an order to purchase goods from us and confirming it in the check-out pages of our Website does not in itself at that time create a legally binding contract between us. This only happens when we, having received, processed and accepted all the details of your order and payment and sent to you a confirmatory e-mail message accepting your order in writing with an order number confirming the goods you have purchased, the price and payment details and an estimate of the date of dispatch of the goods to you.

It is understood and agreed that any order to purchase goods from us through our Website or other means such as telephone sales, shall be deemed to have been concluded in England and subject to English Law in accordance with the provisions of the Jurisdiction and Applicable Law below.

Delivery

Our objective is to deliver all goods to you in perfect condition promptly after the date on which we accept and confirm your order, subject to timely performance of postal services. To UK mainland addresses via Royal Mail First Class post, delivery will usually be on the next working day but in any case within 5 working days. Delivery to certain remote parts of the U.K. and offshore islands may take a day or so longer. In case you wish to request a premium delivery service such as "Special Delivery", please call us when placing your order to discuss arrangements and payment by you of the additional cost involved. For deliveries to Europe and the rest of the World we usually send packages and parcels via Air Mail, normally on the same or next working day after we have accepted and confirmed your order. Delivery times will vary depending upon the location of the overseas shipping address. If you need more information please email or call us at our Trading Address.

Remember to always include your delivery address postcode/zip code when placing your order so as to minimize the risk of postal delay to the delivery of your goods.

If nobody is available at the shipping address specified by you at the time of delivery and your goods cannot be posted though your letterbox or left safely in such other alternative location as you may have requested when placing your order, the postal or other delivery services will normally leave a note informing you of how to rearrange delivery or collection of the goods from their local depot. If after a failed delivery to you, you do not rearrange delivery or collection of the goods from a delivery depot and we are made aware of this, we will contact you for further instructions and may charge you for any further delivery costs. If despite our reasonable efforts and those of the postal delivery services, we and they are unable to contact you and rearrange delivery or collection of the goods we may end the contract and have the goods returned to us.

We maintain stocks of all items offered for sale on our Website, ready for prompt shipment, sufficient to meet reasonably foreseeable orders. In the unlikely event that you order an item that is temporarily unavailable or discontinued, we shall inform you and advise when it is expected to again become available and ask you whether you wish to wait or alternatively we may offer a similar alternative. In case this is unacceptable to you we shall give you the right to cancel the order and receive a full refund. Please note that no binding contract is formed until a confirmatory e-mail is issued by us.

The goods will be your responsibility from the time we deliver the goods to the shipping delivery address specified in your order. For the avoidance of doubt, if you give special delivery instructions included in your order for the postal or other delivery services to leave the goods in an unattended non-secure location (such as “If out please leave in the porch” or “If out please leave in the garden shed”) and we mark the package accordingly, the goods will be at your own risk once they are deposited at that location.

Ownership of the goods shall pass to you once we have received your payment for the goods in full.

For delivery charges outside the U.K. and Europe, unless this is already provided in our Website, please contact us by telephone or e-mail when we shall advise you of the cost.

In case you require the goods to be delivered to more than one address in respect of the same order, please contact us to discuss arrangements and additional delivery cost involved.

Since postal charges are subject to periodic changes by postal authorities you are advised to check our Postage and Packing charges whenever you place an order with us as we may in consequence have had to increase our charges to cover such postal service cost increases.

Cancellation, Returns and Refund Policy

We take care to always make sure that all our products are professionally produced to fully meet U.K. national retail industry standards in terms of materials used, quality, accuracy of colour and print reproduction and product finish.

We also take care to try to show you as accurately as reasonably possible through the images and other data in our Website what the products that we offer for sale actually look like. Please remember though that image reproduction varies slightly with each computer display monitor, its colour management settings and other factors such as the display device used by you for accessing the internet and slight variations in perception of colour in each individual's eyesight.

We also have careful product quality control checks by hand for every item we sell during wrapping and before dispatch to our customers. We therefore hope that upon receipt you will be very pleased with any goods that you buy from us.

On the rare occasions when a problem might arise we are committed to always being easily contactable and giving the matter our personal and immediate attention to remedy the problem to your complete satisfaction. If you have any questions or complaints about the goods, please contact us by telephone or e-mail at our Trading Address.

Where you purchase goods from us as a consumer (but not where you purchase goods in the course of your business) the following provisions shall apply:

In compliance with the Consumer Contracts Regulations (Information, Cancellation and Additional Charges) 2013, implementing the European Community Consumer Rights Directive, and the U.K. Consumer Rights Act 2015:

Your right to cancel the contract:

If upon receipt you change your mind or decide you do not want to keep the goods that you have purchased from us through our Website or by telephone order then you have the right to cancel the contract. To cancel the contract with us, please let us know by doing one of the following:

  • Phone or e-mail. Call customer services on 01872 222601 or e-mail us at contact@blueplanetimages.com. Please provide us with the following information:
    • your full name;
    • your full postal address including postcode / zipcode;
    • your preferred contact telephone number;
    • your email address;
    • the date you purchased the goods;
    • your order reference number;
    • a brief description of goods purchased that you wish to cancel;
    • the price paid for the goods you wish to cancel; and
    • the reason for cancellation; or
  • By post. Print off the cancellation form and post it to our Trading Address. Alternatively, simply write to us at our Trading Address and include the same information as if you were phoning or e-mailing us (as set out above),

within 14 days from the date on which the goods were delivered to your address or your nominated third party shipping address within the European Community.

This right of cancellation does not apply in the case of tailor-made or personalised goods.

Our right to end the contract:

We may end the contract with you at any time by writing to you if:

  • you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
  • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods, for example, your full delivery address; or
  • you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.

If we end the contract in the situations set out above we will refund any money you have paid in advance for goods we have not provided.

Care of and return of goods

If you wish to exercise your right of cancellation or require substitution of goods supplied by us, you are obliged to retain possession of them and take reasonable care of them prior to promptly returning them to us, unopened, undamaged and unused in the original wrapping and in re-sellable condition (except when returning faulty or damaged goods) at our Trading Address within 14 days from the date when you notify us of your wish to cancel or substitute goods. It is your risk and responsibility to ensure that the goods returned to us for refund are delivered to us in such acceptable condition as specified above. If this is not the case we reserve the right to decline to give you the refund.

The extent to which you may handle the goods with care upon receipt and whilst in your possession prior to returning them to us is the same as if you were assessing them in a shop and so you will not be entitled to cancel your contract nor return goods to us nor be entitled to a refund if the seals on wrappers have been opened and/or the goods have been used and/ or damaged in any way prior to them being returned to us.

Return postage

It is your responsibility to ensure that the goods you send back to us for refund or replacement, at your risk and expense, have the correct postage paid and with adequate protective wrapping. They should be sent to us at our Trading Address:

Blue Planet Images Co Limited, Buckland House, 39 Treffry Road, Truro, Cornwall, TR1 1WL, United Kingdom

If you fail to pay the correct postage when returning the goods to us and we incur a penalty postage charge as a result, the extra cost to us will be deducted from the amount due to be refunded to you, if any.

We reserve the right not to pay any refund in case the goods you return to us are found to have been damaged whilst in your possession and / or in the course of transit in the post back to us due to insufficient packaging. It is strongly recommended that you obtain written proof of posting from your post office at the time of posting the goods back to us as we may require to see this and it may be needed when making an insurance claim with the postal service providers.

We cannot and will not be responsible nor liable for any goods that you return to us that might be lost and/or damaged in transit to us until duly delivered and received by us at our Trading Address as stated above. If this were to happen the Proof of Posting receipt will be required – hence the advice above.

Replacement and refunds

If you take delivery of a package with goods ordered from us and the contents have been damaged in transit, or are defective or are not as specified in your order you must immediately inform us by either calling us or writing to us at our Trading Address or via e-mail. You will then have the choice of either asking us to replace or substitute the goods as we may mutually agree without charge to you, or cancelling the order and requesting a refund, provided that you notify us within 14 days of taking delivery of the goods and return the goods to us within a further 14 days from notification.

We shall also refund to you the cost of return postage at the standard rate on the goods you return to us where you cancel due to the goods being found to be either faulty or damaged in transit or we have sent to you the wrong goods but not in the case where you change your mind.

When conditions have been met for a refund we shall reimburse to you the original purchase price of the goods, the postage cost paid by you at the time of purchase and, subject to the other provisions herein, the cost to you of return postage to us at standard rate.

We shall effect any refund due to you within 14 days of receipt of the goods by us. This we shall do only to the credit or debit card account of the person who originally placed and paid for the order. Orders originally paid for by cheque or other means will be paid the refund money due by cheque only to the person named as the bank account holder on the cheque by which the original purchase payment is paid.

Your statutory rights regarding damaged, defective or incorrect goods are not affected by this.

We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.

Your key legal rights

Below is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.advicequide.org.uk or call 03454 04 05 06.

If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

  • Up to 30 days: if your goods are faulty, then you can get an immediate refund.
  • Up to six months: if your goods cannot be repaired or replaced, then you are entitled to a full refund, in most cases.
  • Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

Picture Library - Image Usage Licence sales

All of the photographs in our picture library feature the photography of Robert Sanger, a small proportion of which appear in this Website and all of which are available to purchase as prints or for private and commercial usage by means of individually agreed "Rights Managed" Image Usage Licenses.

To obtain details of our pro-forma "Rights-managed" Image Usage License Terms and Conditions contact us at: contact@blueplanetimages.com

We do not offer "Royalty Free" image sales from our picture library.

Our Liability

If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

Subject to as set out below, we will not be liable for losses that result from our failure to comply with these Terms and Conditions that fall into the following categories:

  • loss of profits, sales, business or revenue;
  • loss of business opportunity, goodwill or reputation;
  • business interruption;
  • loss of anticipated savings;
  • loss of data;
  • waste of management or office time; or
  • for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

However, the above will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded as set out above.

Nothing in these Terms and Conditions excludes or limits our liability for:

  • death or personal injury caused by our negligence;
  • fraud or fraudulent misrepresentation;
  • any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
  • defective products under the Consumer Protection Act 1987; or
  • any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

Our Website changes regularly

Please note that we reserve the right to change these Terms and Conditions, and Privacy Policy at any time in our sole discretion and without prior notice, so it is important that you check these Terms and Conditions and Privacy Policy for any changes each and every time that you seek to use our Website. We also update our Website periodically as the need arises and so may change the content at any time. Following such changes, in case you continue to use this Website, you will be deemed to have thereby accepted and agreed to the Terms and Conditions and all other provisions of this Website including the changes. These Terms and Conditions were last updated on August 3rd, 2016.

Import duty

If you order goods from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

All written communications shall be in the English language. In case you have any problems understanding the contents of this Website or any other communications from us in English please contact us when we shall endeavour to assist you.

Notices

All notices given by you to us must be given to Blue Planet Images Co. Limited at contact@blueplanetimages.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified above. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

Transfer of rights and obligations

The contract between you and us is binding on you and us and on our respective successors and assignees.

You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.

Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract with you that is caused by events outside our reasonable control (Force Majeure Event).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  • strikes, lock-outs or other industrial action;
  • 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;
  • impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • impossibility of the use of public or private telecommunications networks;
  • the acts, decrees, legislation, regulations or restrictions of any government; and
  • pandemic or epidemic.

Our performance under any contract between us is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under such contract may be performed despite the Force Majeure Event.

Waiver

If we fail, at any time during the term of a contract between us, to insist upon strict performance of any of your obligations under such contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under that contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

A waiver by us of any default will not constitute a waiver of any subsequent default.

No waiver by us of any of these Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Entire agreement

These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between you and us relating to the subject matter of any contract between you and us.

You and we acknowledge that, in entering into a contract, neither of you nor we rely on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions or the documents referred to in them.

You and we agree that your and our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

Nothing in this clause limits or excludes any liability for fraud.

Our right to vary these terms and conditions

We have the right to revise and amend these Terms and Conditions from time to time.

You will be subject to the Terms and Conditions in force at the time that you order products from us, unless any change to those Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to these Terms and Conditions before we send you the confirmatory e-mail stating that your goods have been dispatched (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within seven working days of receipt by you of the goods).

Third party rights

A person who is not party to these Terms and Conditions or a contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

Severance

If any provision or part-provision of these Terms and Conditions or the contract is held to be invalid, illegal and/or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms and Conditions or the contract.

Comments about this Website

If you wish to express to us any comments about this Website, its contents and functionality please address these by e-mail to: webmaster@blueplanetimages.com

Jurisdiction and Applicable Law

These Terms and Conditions and our Privacy Policy as set out on this Website are governed by English Law with the English Courts having non-exclusive jurisdiction over any and all claims and/or disputes that might arise from or related to a visit to this Website and/or any and all purchase(s) of goods supplied by us to you. By ordering and purchasing goods from us either through this Website or by other means, you agree that these Terms and Conditions shall apply, subject to any prior mutually agreed variations confirmed by us in writing, and that in case of dispute between you and us, you agree to submit to and be bound by the jurisdiction of the English Courts without reference to rules governing choice of laws. Please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

Further assistance

If any of the foregoing is unclear to you and you would like us to explain anything, please give us a call during U.K. office hours on: +44 (0) 1872 222 601

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File Revision: 1.6; Last Modified: 3rd August, 2016

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