Introduction

We hope that you are now keen to get on into the website to view, and purchase the right to use the images we offer subject to the following Terms and Conditions.

As with any business there must be "Terms & Conditions" to protect the legitimate rights and interests of both parties and regulate the basis of fair dealings between the Parties so as to avoid possible misunderstandings later.

We are all frequently presented with such "small print" Terms and Conditions.

How many times have we all been tempted to not bother to actually read and understand them?

In this case, please be sure to take just the few minutes needed to read and fully understand these.

It is as much in your interest as ours.

We have sought to keep this as short as possible in easily understandable language and have brightened up an otherwise possibly off-putting page of text with some images for your enjoyment "en route".

In case there is any aspect of these Terms and Conditions that you do not understand or which you wish us to explain to you, do not hesitate to contact us by e-mail at: info@blueplanetimages.com

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These Terms & Conditions are to be read in conjunction with the "Privacy Statement", which appears elsewhere in this web site. It is similarly in your interest to fully read and understand this Privacy Statement before use of this website, and regularly check whether there have been any changes, of which you should be aware, since your last visit.

General Terms and Conditions of Web Site Use

These General Terms and Conditions (together with the documents referred to below) tells you the Terms and conditions on which you may make use of our web site and purchase goods and services from us. If you do not agree to these Terms and Conditions you must not use this website.

THE PROVISIONS OF THESE GENERAL TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS WHEN DEALING WITH US AS A CONSUMER.

Information about us

This website is operated by Blue Planet Images Co Limited. We are a company registered in England and Wales under Company Number 4035277 and with its registered office at Acre House, 11-15 William Road, London NW1 3SR.

Our trading address is: Blue Planet Images Co Limited, Buckland House, 39 Treffry Road, Truro, Cornwall, TR1 1WL, U.K. (Visits by prior appointment only please)

Our preferred means of communication is by e-mail. Should you wish to email us, you can do so at: info@blueplanetimages.com.

Should you prefer to telephone you can do so, during U.K. business hours only please, on:

Telephone: +44 (0)1872 222601
Mobile/cell. telephone: +44 (0)78 76 033 033
Telefax: discontinued - kindly use e-mail

For all postal communications with us, including your right to cancel your order under these General Terms and Conditions, kindly address any correspondence to our trading address as stated above.

Our VAT number is GB 792 2700 25.

Accessing our site

We permit you access to our website on a temporary basis, but we reserve the right to withdraw or amend the service without notice (see below).

You are responsible for making all arrangements necessary for you to have access to our website. You are also responsible for ensuring that all persons accessing our website through your internet connection are aware of these Terms and Conditions and that they comply with them.

Registration

Anyone wishing to purchase images from our website, must first complete a registration form, where you will be asked to provide a few brief details about yourself to enable us to identify you, when you visit our website. Promptly after registration we shall send to you by e-mail your personal access password. There is no charge for this registration, nor any obligation to subsequently purchase any goods and services from us. You should keep your password confidential and you must not disclose it to any third party.

Intellectual Property

We own or are the authorised licensee of the copyrights and other intellectual property rights in this website, the materials published on it and the images available for purchase on it (the “Materials”). The Materials are protected by copyright laws and treaties around the world.

The images available for purchase on this website (the “Images”) contain visible watermarks for the “Preview” size Images together with digitally embedded watermarks which are supplied and monitored by Digimarc in order to protect against any attempted unauthorised use of the Images (similar to security tags on goods in a shop!!) We also subscribe to the Digimarc “Spider” Internet Monitoring service providing us with an internet scanning service to check for unauthorised usage of the Images.

The Materials may not be reproduced, copied, downloaded, used, linked to, or exploited in any way except as specifically provided and permitted by these Terms and Conditions or as expressly agreed in writing by us.

You warrant and undertake that any and all reproductions of the Images purchased by you will always include a legible credit shown in the immediate proximity of the image reproduction, in the following form:

"Blue Planet Images. © Robert Sanger"

Upon our receipt of payment in respect of an Image, we grant you a personal, revocable, non-transferable license to use that image on a non-exclusive basis for your own internal purposes only, subject to the Reservation of Rights set out below.

You may use a "thumbnail" and/or "preview" of the Images on the Gallery pages "on approval" in order to effect editorial planning such as page layout, before deciding upon final use of, and purchase of the said Images, provided that such Images may not be used by you for any other purpose and upon completion of such “approval” use you promptly delete any copies of the Images in your power, possession or control in whatever form and medium they are held.

Reservation of Rights

The terms of the licence above does not include any right to re-sell, sub-licence, copy, lend, and/or hire any of the Images purchased from our website in whole or in part, or to use the Images for the following purposes/applications/products:

• Postcards
• Greetings Cards
• Calendars
• Computer screen savers and wallpapers
• "Fine Art" Prints

Subject only to the express rights granted under these Terms and Conditions, the intellectual property rights in the Materials including, without limitation, copyright, patents, trade marks, registered designs, applications for any of the foregoing, database rights, design rights, moral rights, trade and business names together with any other similar protective rights in any country are and shall remain vested exclusively in their respective owners.

Information about you and your visits to our website

We process information about you in accordance with our Privacy Policy. You consent to such processing and you confirm that all data provided by you is accurate.

Transactions concluded through our website

Contracts for the supply of goods and services formed through our website or as a result of visits made by you to our website are governed by our Conditions of Supply.

Our website changes regularly

Please note that we reserve the right to change these Terms and Conditions, Conditions of Supply and Privacy Policy at any time in our sole discretion and without prior notice and so it is important that you check these Terms and Conditions, Conditions of Supply and Privacy Policy each and every time that you seek to use our website. We also update our website regularly and so may change the content at any time. If the need arises, we have the option to suspend the availability of our website or to close it indefinitely.

Linking to our website

You may link to our home page, provided you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. In particular, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our website must not be framed on any other website, nor should you establish a link to any part of our website other than the home page. We reserve the right to withdraw linking permission without notice.

Links from our website

Our website contains links to various websites and other resources provided by third parties. These links are provided for your information only. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may suffered in connection with your use of them.

Liability and Disclaimer

The information and opinions contained on our website (the “Information”) are provided “as is” and, without limiting the foregoing, you acknowledge that the Information may not be error free. Save as expressly stated in these Terms and Conditions we do not make any representations or warranties, express or implied about this website, any linked site, the Materials and/or the Information, which are hereby excluded to the fullest extent permissible by law.

Our liability in connection with any goods or services purchased through our web site is strictly limited to the purchase price of such goods or services. This does not exclude or limit in any way our liability for fraud, or for death or personal injury caused by our negligence, or any other liability to the extent that it may not be excluded or limited as a matter of law.

We further accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue, business or any other benefit, howsoever caused, even if foreseeable.

As a condition of your use of this website and any linked website you warrant to us that you will not use this website, the Materials or any linked website for any purpose that is unlawful or prohibited by these Terms and Conditions.

You agree to defend, indemnify and hold us harmless from and against any and all claims, losses, liabilities, damages and expenses (including legal fees) arising out of your misuse of our website, any linked site and the Materials.

Jurisdiction and applicable law

The English Courts will have exclusive jurisdiction over any claim arising from or related to a visit to this web site. English Law will apply to these terms and conditions.

Trade Marks

“trade mark 1” and “trade mark 2” are both duly registered ® European “Community trademarks” belonging exclusively to Blue Planet Images Co Limited. Certificates of Registration for both Community trademarks in respect of “trademark 1” and “trademark 2” are: Nos. 002744795 & 002744720 respectively, both dated and issued on 19th December 2003.

Your concerns

If you have any concerns about material which appears on our website please contact webmaster@blueplanetimages.com

Thank you for visiting our website.

Conditions of Supply

Please read these Conditions carefully before ordering any goods or services from our web site. You should understand that by ordering any of our goods or services you agree to be bound by these Conditions which incorporate our General Terms and Conditions.

You should print a copy of these Conditions off for your future reference.

Please click on the button marked "I accept" at the end of these Conditions if you accept these Conditions. Please understand that if you refuse to accept these Conditions you will not be able to order any of the Images available from our web site.

Introduction

Our full details including our corporate identity and our address are set out in our General Terms and Conditions.

Your status

By placing an order through our web site you warrant that:

• you are legally capable of entering into binding contracts;
• you are at least 18 years old.

How the contract is formed

The contract between us will be formed, in respect of Images purchased by you for download, on the commencement of the download. In all other circumstances the contract between us will be formed upon our despatch of a written confirmation of your order by on-line electronic means (the "Confirmation"). Please note that we shall be under no obligation to accept any order placed by you.

In the event that you make an input error in the course of placing your order then please either use the on screen navigation to amend the error or alternatively contact us by one of the methods specified in our General Terms and Conditions.

We maintain a written record of your order, which is available on request.

Prices

The prices for any goods or services will be as quoted on our web site from time to time, except in the case of obvious errors. These prices include VAT and delivery costs, unless these are otherwise itemised but they exclude any local taxes and/or import duties, which are payable by you. Prices are liable to change at any time, but any changes will not affect orders already placed and confirmed.

Fulfilment and delivery

Your order will be fulfilled by any fulfilment date set out in the Confirmation or if no fulfilment date is specified then within 30 days of the date of the Confirmation except in exceptional circumstances.

For electronically delivered images, you will be given 30 days from the date of purchase in which to download purchased images. This is limited to 5 download attempts. Should this not be sufficient, email info@blueplanetimages.com to arrange additional download facilities.

Cancellation, Return and Refund Policy

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

In respect of Images supplied to you by download, you have the right to cancel the contract between us by sending us a notice in writing clearly stating your intention to cancel within 7 working days after the day on which you receive the download.; or

In respect of Very High Resolution Images that we may agree to supply on C.D. to you on request and on price terms to be mutually agreed, you have the right to cancel the contract between us by sending us a notice in writing clearly stating your intention to cancel within 7 working days after the day on which you receive the goods provided that the seal on the CD remains unbroken.

On receipt of your cancellation we shall reimburse you the price of the cancelled goods within 30 days of our receipt of your notice or cancellation, subject to any deductions that we are entitled to make under this section.

You shall promptly (and in any event not less than 30 days after your notice of cancellation) return to us any goods supplied under the cancelled contract at your sole expense.

In the event that you have not returned the goods within the period stated above then we shall be entitled to collect the goods from you. Please note we shall deduct from any monies reimbursed to you under the cancelled contract all expenses directly incurred by us in collecting the goods from you.

Security

The security measures we adopt for purchases from our website are contained in our Privacy Policy.

File Revision: 1.11; Last Modified: 2nd August, 2007

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Copyright © 2002-2009 Blue Planet Images Co. Limited. All rights reserved. No part of this page including (but not restricted to) text and images may be reproduced without the prior written permission of Blue Planet Images Co. Limited. UK Data Protection Act registration number Z6784281. Website design and maintenance by Amazing Internet Ltd.