Terms and Conditions

1 Definitions

1.1 The “Buyer” is the individual or organisation who buys or agrees to buy the Goods from the Seller;

1.2 The “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;

1.3 The “Contract” means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;

1.4 The “Goods” means the articles that the Buyer agrees to buy from the Seller;

1.5 “Printed Goods” means photographic prints, canvas prints, greetings cards or other material Goods;

1.6 “Downloadable Images” means the photographs, pictures, images, illustrations, drawings, sketches, paintings and any similar copyright work displayed on the Web Site by the Seller in digitised format;

1.7 The “Seller” is Nomadphotographs, 4 Piran Heights, Upton, Bude, Cornwall EX23 0LY that owns and operates www.nomadphotographs.com;

1.8 The “Terms and Conditions” are the terms and conditions of sale and use of the Web Site set out in this document and any special terms and conditions agreed in writing by the Seller;

1.9 The “Web Site” is www.nomadphotographs.com;

1.10 The “Price” is the price of the Goods, exclusive of VAT, if any, and delivery charges displayed on the Web Site at the time of purchase;

1.11 “User Generated Content” is material that visitors to the Web Site submit, normally, but not limited to, comments and images;

1.12 “Spectrum Photographic” is the company that fulfils the Seller’s print orders, and is Spectrum Photographic Limited, Unit 10, Hove Business Centre, Fonthill Road, Hove, East Sussex BN3 6HA that owns and operates http://spectrumphoto.co.uk/.

1.13 “Canvas 4 Life” is the company that fulfils the Seller’s canvas print orders, and is Canvas 4 Life Limited of 15 Maddox Street, London, W1S 2QQ that owns and operates http://www.canvas4life.co.uk/.

1.14 “PhotoShelter” is the company who hosts the Images on the Web Site and provides shopping cart facilities for the Seller, and is PhotoShelter Inc, 33 Union Square West, 2nd Floor, New York, NY 10003, USA that owns and operates http://www.photoshelter.com/.

1.15 “PayPal” is the company that handles financial transactions for the Seller, and is PayPal Europe Ltd, Hotham House, 1 Heron Square, Richmond upon Thames, Surrey, TW9 1EJ that operates http://www.paypal.co.uk.

2 Conditions

2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.

2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any prior correspondence or communication with the Buyer or any other documentation or communication received from the Buyer.

2.3 These Terms and Conditions govern your use of the Web Site. In using the Web Site you agree not use the Web Site for any illegal or libellous or defamatory purpose and you that you accept these Terms and Conditions in full. If you disagree with these Terms and Conditions or any part thereof you must immediately cease use of the Web Site.

2.4 No variation to these Terms and Conditions is permissible including any special terms and conditions agreed between the parties unless agreed in writing by the Seller.

2.5 The contents of the Web Site do not constitute advice and should not be relied upon in making or refraining from making any decision.

3 Copyright

3.1 Unless otherwise explicitly stated the copyright in the Web Site and all material on the Web Site (including without limitation the text, HTML and CSS code, artwork, photographs, images, music, audio material, video material and audio-visual material on the Web Site) is owned by the Seller.

3.2 The Seller grants to visitors of this Web Site the licence to view the Web Site via a web browser; to store the contents of the Web Site in your web browser’s cache; and to save and print pages from this Web Site for your own personal and non-commercial use.

3.3 The Seller grants no other rights in relation to the Web Site or the material on this Web Site. All other rights are reserved.

3.4 You must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this Web Site or the material on this Web Site in any form or media without our prior written permission.

3.5 You may request permission to use the copyright materials on this Web Site by sending an email to [email protected]

3.6 If it is discovered that you have used our copyright materials in breach of the licence above we may at our discretion bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.

3.7 Unauthorised use of the images on this site or use without prior permission will be charged at a rate of twice the relevant Rights Managed fee.

3.8 If you are aware of any use of our copyright materials that breaches or may breach the licence above then please report this by email to [email protected]

3.9 Further information concerning copyright is contained in our Copyright Notice.

4 Use of the Web Site

4.1 You must not use the Web Site in any way that causes, or may cause, damage to the reputation of the Seller, or damage to the Web Site or impair the availability of the Web Site. You must not use the Web Site in any way that is illegal, libellous, defamatory, fraudulent or harmful, or in connection with any illegal, libellous, defamatory, fraudulent or harmful purpose or activity.

4.2 You must not use the Web Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

4.2 You must not conduct any systematic or automated data collection activities in relation to the material on the Web Site. You may not download the Web Site in whole, ‘scrape’, data mine or data harvest its contents.

4.3 You must not submit to the Web Site any User Generated Content that is offensive, pornographic, libellous, defamatory, illegal, has ever been the subject of actual or threatened legal proceedings, that infringes or may infringe any third party’s legal rights, or that could give rise to legal proceedings against any party whatsoever.

4.4 The Seller reserves the right to edit or remove any User Generated Content.

4.5 The Seller reserves the right to restrict access to certain areas of the Web Site at the Seller’s discretion. If the Seller provides a user ID and password to enable access to restricted areas of the Web Site or other content or services then you must ensure that that user ID and password is kept confidential. The Seller may disable any password at the Seller’s sole discretion and without notice or explanation.

4.6 Without prejudice to our other rights under these Terms and Conditions, if the Terms and Conditions for use of the Web Site are contravened, measures may be taken that include prohibiting you from accessing the Web Site, blocking computers with the offending IP address from accessing the Web Site, contacting your Internet Service Provider (ISP) with a request that they block your access to the Web Site and/or taking legal proceedings against you.

4.7 Offer codes may be published on the Web Site from time to time as part of a promotion. Offer codes may provide a free item or a discount on part of an order. Offer codes can only be used for online orders placed through the Web Site. A maximum of one offer code can be specified per order. Unless otherwise specified, postage and packing charges, if any, will still apply to orders subject to an offer code. Further conditions may apply and if so will be published with the relevant offer code.

5 Third Party Web Sites

5.1 Links from the Web Site to other web sites owned and operated by third parties do not constitute endorsements or recommendations by the Seller unless explicitly stated. You acknowledge and agree that the Seller is not responsible for the content or availability of any third party web sites.

5.2 Links pointing to the Web Site must include appropriated link text and should not mislead potential visitors as to the target of the link or the content at the link’s destination. You agree that should deletion of a link be requested for a site under your control that you will remove it immediately on request.

5.3 To request that the Seller removes a link on the Web Site email us at [email protected] Unless you have a legal right to demand removal of a link then it will only be removed at our discretion.

6 Ordering Goods

6.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.

6.2 The Buyer accepts and agrees that prints sold on the Web Site are fulfilled by Spectrum Photographic.

6.3 The Buyer accepts and agrees that canvases sold on the Web Site are fulfilled by Canvas 4 Life.

6.4 The Buyer accepts and agrees that Downloadable Images are stored and delivered by PhotoShelter.

6.5 Orders for Goods via this web site shall not be treated as having been accepted until you receive confirmation from the Seller by email that this is the case.

6.6 In addition to these Terms and Conditions Printed Goods and Downloadable Images sold by the Seller are governed by the Print, Rights-Managed and Royalty Free Agreement available at http://www.photoshelter.com/support/licence.

7 Price and Payment

7.1 The Price of the Goods shall be that stipulated on the Seller’s Web Site at the time of purchase. The Price excludes delivery charges.

7.2 The total purchase Price including delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.

7.3 After the order is received the Seller shall confirm by email the details, description and Price for the Goods together with these Terms and Conditions.

7.4 Unless the Buyer holds an account with the Seller payment of the Price and delivery charges, if any, must be made in full before dispatch of the Goods.

8 Rights of the Seller

8.1 The Seller reserves the right to adjust the Price and specification of any item on the Web Site at its discretion.

8.2 The Seller reserves the right to withdraw from sale any Goods from the Web Site at any time.

8.3 The Seller shall not be liable to any party for withdrawing any Goods from the Web Site or for refusing to process an order.

9 Warranty

9.1 The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.

9.2 The Seller does not warrant the completeness or accuracy of the information published on the Web Site.

9.3 The Seller does not commit to ensuring that the Web Site remains available or that materials on the Web Site are kept up to date.

9.4 To the maximum extent permitted by applicable law the Seller excludes all representations, warranties and conditions relating to the Web Site and the use of the Web Site; this includes without limitation any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill.

10 Delivery of Printed Goods

10.1 Printed Goods supplied within the UK will normally be delivered by the Seller, or by the Seller’s subcontractors, within a maximum of 15 working days of acceptance of order but normally much less.

10.2 Printed Goods are not currently supplied outside the UK.

10.3 The Seller shall use its reasonable endeavours to deliver within 15 working days but where an order is fulfilled by a subcontractor this will be dependent on the subcontractor. In any event the delivery time shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.

10.4 Delivery of the Printed Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery which may included signing for the Goods.

10.5 Title and risk in the Printed Goods shall pass to the Buyer upon delivery of the Goods.

10.6 Acceptance of the delivery of the Printed Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.

11 Delivery of Downloadable Images

11.1 The Seller will make the Downloadable Images available for the Buyer to download from the Web Site immediately or as soon as possible thereafter upon receipt and payment of the Buyer’s order.

11.2 Should the Buyer not receive all the Downloadable Images ordered then they shall not be entitled to object to or reject all the Downloadable Images ordered or any of them by reason of the shortfall and shall pay for such Goods at the pro rata Contract rate. The Buyer shall immediately notify the Seller by email to [email protected] if all the Downloadable Images ordered are not received, or if the Buyer receives any incorrect Downloadable Images, stating which Downloadable Images are missing and/or which Downloadable Images have been received in error. It is an express condition of the Buyer’s licence to use the Downloadable Images that the Buyer must immediately inform the Seller of any Photographic Images not ordered by the Buyer which the Buyer has received in error and the Buyer accepts and agrees that the Buyer does not have any right to use or exploit any such Downloadable Images received in error.

11.3 The Buyer’s download of the specified Downloadable Images shall be conclusive evidence that such Downloadable Images have been delivered to and received by the Buyer unless the Buyer can provide conclusive evidence proving the contrary.

11.4 The Seller shall not be liable for any non-delivery of the Downloadable Images (even if caused by the Seller’s negligence) unless email notification is given to the Seller within 7 days of the date when the Downloadable Images would in the ordinary course of events have been received.

11.5 The Seller shall not be liable for any non-delivery of the Downloadable Images in the event of the unavailability of the server used in relation to the Web Site.

12 Cancellation and Return

Print Sales (fulfilled by Spectrum Photographic)

12.1 Print sales on the Web Site are fulfilled by Spectrum Photographic. When placing orders for goods and services on the Internet or by mail order you normally have the right to cancel your order by giving notice within 7 days of the order. However, this does not apply where the service ordered is commenced immediately under The Consumer Protection (Distance Selling) Regulations 2000 section 13(a). If you place an order you consent to the production of your Print produced by Spectrum Photographic commencing immediately and as such you will not have a right to cancel your order.

12.2 The Buyer shall inspect the Goods immediately upon receipt and Goods deemed to be faulty or damaged in transit must be notified to Spectrum Photographic within 12 hours of receipt by telephoning 01273 708222 and leaving a message if no member of staff is available. For more details please check their terms and conditions here: http://spectrumphoto.co.uk/terms. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods. Spectrum Photographic will advise the Buyer on their returns procedure.

12.3 Any lost or damaged claims of Goods fulfilled by Spectrum Photographic will be directed to Spectrum Photographic or their couriers and are not the responsibility of the Seller.

Canvas Sales (fulfilled by Canvas 4 Life)

12.4 Canvas print sales on the Web Site are fulfilled by Canvas 4 Life. Orders with Canvas 4 Life also fall under the The Consumer Protection (Distance Selling) Regulations 2000 section 13(a). If you place an order you consent to the production of your canvas produced by the Canvas 4 Life commencing immediately and as such you will not have a right to cancel your order.

12.5 The Buyer shall inspect the Goods immediately upon receipt and Goods deemed to be faulty or damaged in transit must be notified to Canvas 4 Life within 30 days of receipt by telephoning 0800 098 8464. For more details please check their terms and conditions here: http://www.canvas4life.co.uk/TermsAndConditions.aspx. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods. Canvas 4 Life will advise the Buyer on their returns procedure.

12.6 Any lost or damaged claims of Goods fulfilled by Canvas 4 Life will be directed to Canvas 4 Life or their couriers and are not the responsibility of the Seller.

Greetings Card Sales (fulfilled by the Seller)

12.7 Goods fulfilled by the Seller (Greetings Cards etc) are printed and manufactured when ordered and also fall under the The Consumer Protection (Distance Selling) Regulations 2000 section 13(a). If you place an order you consent to the production of your print produced by the Seller commencing immediately and as such you will not have a right to cancel your order.

12.8 The Buyer shall inspect the Goods fulfilled by the Seller immediately upon receipt. In the event that Goods fulfilled by the Seller are damaged or defective when you receive them, or do not match the description specified on the Web Site, the Buyer must notify the Seller by email to [email protected] within 7 days of receipt. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.

12.9 Where a claim of defect or damage is made for Goods fulfilled by the Seller the Goods shall be returned by the Buyer to the Seller within 14 days of receipt. If the Goods are defective or damaged the Seller will, at our option, either replace the Goods or provide a full refund of the Purchase Price including postage and packing.

12.10 In the event that the Buyer returns Goods to the Seller and the Seller can demonstrate that they were not faulty when received by the Buyer then the Seller reserves the right to return the Goods to the Buyer and to claim the cost of such return postage from the Buyer prior to return.

Downloadable Images Sales (fulfilled by PhotoShelter)

12.11 The Buyer shall inspect the Downloadable Images immediately upon receipt. In the event that the Downloadable Images are damaged or defective when you receive them, or do not match the description specified on the Web Site, the Buyer must notify the Seller by email to [email protected] within 14 days of receipt. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.

12.13 If the Downloadable Images are defective or damaged the Seller will, at our option, either replace the Downloadable Images or provide a full refund of the Purchase Price.

13 Limitation of Liability

13.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages that shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatsoever.

13.2 The Seller shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, for any loss or profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by our negligence or that of our servants or agents or otherwise) which arise out of or in connection with the use of this web site.

13.3 The Web Site is provided on an “as is” and “as available” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

13.4 The Seller shall not be liable to you for any loss, damage, costs, expenses or other claims (whether caused by our negligence or that of our servants or agents or subcontractors or otherwise) which arise out of or in connection with any server or other computer crashing or for the deletion, corruption, loss or removal of any data or from the transmission of any computer virus and accordingly it is your sole responsibility to take all such precautions as may be necessary or desirable to protect your system and all data on it including, without limitation, keeping copies of all relevant materials, information, images or data and insuring against their loss, damage or corruption, making back-ups and checking all materials, information, images or data sent to or accessed by you for computer viruses.

13.5 The Seller shall not be liable to you by reason of your inability or that of any third party to access this web site, or any delay in performing, or failure to perform, any of our obligations in relation to this web site, if the inability, delay or failure was due to any cause beyond our reasonable control.

13.6 The Seller shall not be liable to you for any loss, damage, costs, expenses or other claims which arise out of or in connection with materials, information, images and data posted on this web site by or on behalf of any third party.

13.7 The Seller makes no warranty that the functionality of the Web Site will be uninterrupted or error free, that defects will be corrected or that the Web Site or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

13.8 Nothing in these Terms and Conditions will limit or exclude our or your liability for death or personal injury resulting from negligence, limit or exclude our or your liability for fraud or fraudulent misrepresentation, limit any of our or your liabilities in any way that is not permitted under applicable law or exclude any of our or your liabilities that may not be excluded under applicable law.

13.9 The limitations and exclusions of liability set out in this section and elsewhere in these Terms and Conditions are subject to Section 11.7 and govern all liabilities arising under the Terms and Conditions including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

14 Third Party Terms and Conditions

14.1 The Seller uses Spectrum Photographic to fulfil print orders, Canvas 4 Life to fulfil canvas print orders, PhotoShelter to host images and provide shopping cart facilities, and PayPal to handle financial transactions and as such the Buyer or user of the Web Site is also bound by the terms and conditions applicable in the appropriate scenario of each of these companies.

14.2 The terms and conditions (PhotoShelter) applicable to image hosting and sales facilities on the Web Site are available here: http://www.photoshelter.com/support/terms.

14.3 The terms and conditions (Spectrum Photographic) applicable to print sales are available here: http://spectrumphoto.co.uk/terms.

14.4 The terms and conditions (Canvas 4 Life) applicable to canvas print sales are available here: http://www.canvas4life.co.uk/TermsAndConditions.aspx

14.5 The terms and conditions (PayPal) applicable to financial transactions are available here: https://cms.paypal.com/uk/cgi-bin/?cmd=_render-content&content_ID=ua/UserAgreement_full&locale.x=en_GB.

14.6 The Seller shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, for any loss or profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by our negligence or that of our servants or agents or otherwise) which arise out of or in connection with your use of the services of the above mentioned companies or resulting from any failure by you or by them to abide by their terms and conditions.

15 Indemnity

15.1 You agree to indemnify and hold the Seller and the Seller’s employees and agents and harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against the Seller arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of the Web Site.

16 Waiver

16.1 No waiver by the Seller (whether expressed or implied) in enforcing any of our rights under this contract shall prejudice our rights to do so in the future.

17 Force Majeure

17.1 The Seller shall not be liable for any delay or failure to perform any of our obligations if the delay or failure results from events or circumstances outside our reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of our obligations.

18 Variation

18.1 The Seller may change or remove (temporarily or permanently) the Web Site or any part of it without notice and you confirm that the Seller shall not be liable to you for any such change or removal.

18.2 The Seller may revise these Terms and Conditions at any time. Revised Terms and Conditions will apply to the use of the Web Site, sales and the Contract from the date of the publication of the revised Terms and Conditions on the Web Site. Your continued use of the Web Site and the sales facilities shall be deemed to be your acceptance of such change. Please check this page regularly to ensure you are familiar with the current version.

18.3 Changes to the Terms and Conditions shall not affect the Terms and Conditions accepted by the Buyer upon making a purchase.

19 Severance

19.1 If any term or provision of these Terms and Conditions is determined by any court or other competent authority to be invalid, illegal and/or unenforceable, the remainder of the terms and provisions will continue in full force and effect. If any invalid, illegal and/or unenforceable term or provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the term or provision will continue in full force and effect.

20 Entire Agreement

20.1 These Terms and Conditions, including the invoice, the Print, Rights-Managed and Royalty Free Agreement, the Privacy Policy and the Copyright Notice contains all the Terms and Conditions of the Contract between the Buyer and the Seller, and the agreement between the Seller and other visitors of the Web Site where applicable, and no terms or conditions may be added or deleted unless made in writing by the Seller. In the event of any inconsistency between the Terms and Conditions contained herein and the Terms contained on the invoice, any purchase order or other communication sent by Seller, the Terms and Conditions herein will prevail.

21 Governing Law and Jurisdiction

21.1 These Terms and Conditions shall be governed by and construed in accordance with English law and any disputes relating to these Terms and Conditions will be subject to the exclusive jurisdiction of the courts of England and Wales.