Terms & Conditions

WEBSITE TERMS AND CONDITIONS FOR EARTH.UK.NET

By accessing this website you are accepting and will be bound by the terms and conditions set out below.

1. Intellectual Property Rights

1.1 All materials (including, without limitation, all images, designs, text, graphics and their selection and arrangement) on this website are the copyright of Weston Earth Images  Ltd trading as Weston Earth Images  and Earth Images or of Richard Weston. No material on this website may be copied or reproduced in any form whatsoever, whether physical, electronic or otherwise, without Weston Earth Images Ltd's express, prior, written consent. However, where "Printer Friendly" versions of any of the pages of this website are shown to be available, you may print out those pages and keep them for your own, non-commercial, use.

2. Limited Permission to Copy or Download

2.1 You are not permitted to print or download extracts from this website for your own personal, non-commercial use except where explicitly facilitated and stated.

2.2 Any copies of these pages saved to disk or to any other storage medium may only be used for subsequent viewing purposes, or to print extracts for your own personal, non commercial use.

2.3 No part of this website may be reproduced or transmitted to or stored in any other website nor may any of its pages or parts thereof be disseminated in any electronic or non electronic form nor be included in any public or private electronic retrieval system or service without Weston Earth Images Ltd's express, prior, written permission.

2.4 Except to the limited extent set out above, you are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of this website for any other purpose whatsoever without Weston Earth Images Ltd's express, prior, written permission.

3. Links to Other Websites

If this website provides access via hypertext or other links to resources in other websites, such links shall be for browsing only and in so doing Weston Earth Images Ltd does not endorse any linked entities nor authorise any act which may be in breach of copyright or any other third party rights which are protected in law or by international treaties world-wide. We do not accept any responsibility or liability for any of the material contained on any third party website.

4. Information and General Disclaimer

4.1 The contents of this website are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Weston Earth Images Ltd uses reasonable care to make sure that the information appearing on this website is accurate and up to date. However, errors and omissions do occur and you should independently verify the accuracy of the information yourself before placing any reliance upon it.

4.2 Weston Earth Images Ltd makes no warranty that the contents of this website are free from infection by viruses or anything else that has contaminating or destructive properties and users are advised to take all appropriate steps (including the use of up-to-date anti-virus software) to minimise the impact of any such viruses or similar items.

4.3 For the reasons referred to in paragraphs 4.1 and 4.2 and because we Weston Earth Images Ltd do not have any control over the use to which the information on this website may be put, Weston Earth Images  Ltd hereby disclaims any and all warranties, whether express or implied, statutory or otherwise, as to the accuracy of any information contained on this website and/or the availability of this website and accordingly Weston Earth Images Ltd shall have no liability for any loss or damage howsoever arising and of whatever nature incurred in the use of this website or in reliance on any information contained on it.

4.4 The provisions of paragraph 4.3 (above) shall not affect any express written warranties given by Weston Earth Images Ltd in connection with the sale of any product or service.

5. Changes to Access or Content of the Web Site

Weston Earth Images Ltd may alter without notice the arrangements for access to this website or change the content, presentation and/or facilities of this website.

6. Changes to these terms and conditions

We Weston Earth Images Ltd may add to or change these terms and conditions. It is your responsibility as a user to refer to these terms and conditions on accessing this website. Changes will be effective immediately after posting to this website and you will be deemed to have accepted any change if you continue to access this website after that time.

7. Material Submitted by Users

7.1 In the event that any element of this website contains material submitted by users, Weston Earth Images Ltd shall not accept any responsibility for the content or accuracy of such material and the views expressed are not necessarily those of Weston Earth Images Ltd.

7.2 We Weston Earth Images Ltd expressly reserves the right at any time and without notice to edit or withdraw any material posted to this website by any user for any reason whatsoever.

8. Access to the Website

We Weston Earth Images Ltd do not guarantee uninterrupted and/or reliable access to this website and we make no guarantees whatsoever as to its operation, availability, functionality or otherwise. Further, we Weston Earth Images Ltd expressly reserves the right (without giving notice) to discontinue access to this website at any time and for any reason. We shall have no liability in the event that this website is unavailable at any time and whether such non-availability is temporary or permanent.

9. Invalidity of Terms

If any provision of these terms and conditions shall be unlawful, void or unenforceable for any reason then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

10. Law

10.1 English Law shall govern these terms and conditions and any dispute arising shall be subject to the non-exclusive jurisdiction of the English Courts.

10.2 Notwithstanding the provisions of paragraph 10.1 (above), should this website be accessed by anyone outside of England and Wales, it shall be that person's responsibility to ensure compliance with any local laws to the extent that they do or may apply.

TERMS AND CONDITIONS OF SALE

This agreement is between You (the person named in the Order) and Weston Earth Images Limited ( Weston Earth Images ). Every agreement to sell prints and/or other items (the Goods) between You and WestonEarth Images is made only on these Terms and Conditions. Viewing of this website is free, but every time You use this website, this agreement becomes effective and You reaffirm your agreement to it.

1. Intellectual Property Rights

1.1 All materials (including, without limitation, all images, designs, text, graphics and their selection and arrangement) on this website are the copyright of Weston Earth Images Ltd trading as Weston Earth Images or of Richard Weston. No material on this website may be copied, modified or reproduced in any form whatsoever, whether physical, electronic or otherwise, without Weston Earth Images Ltd's express, prior, written consent. All rights are reserved. See the Website Terms and Conditions for full details.

1.2 Any image or images You purchase from Weston Earth Images cannot be reproduced, modified, distributed or replicated in any form whatsoever, whether physical, electronic or otherwise, without the explicit, prior written permission of Weston Earth Images. Legal action will be taken in all appropriate cases and in all markets. All rights are reserved.

2. Placing An Order

2.1 Complete the Checkout information as required and follow the instructions.

2.2 After submitting the Order, You will receive an e-mail confirming it with an order number. No agreement exists between You and Weston Earth Images until You receive this e-mail.

3. Price & Payment

3.1 The price of the Goods shall be the relevant price quoted on the Website. In the event of any discrepancy, the price displayed on the Order will be the agreed price.

3.2 Prices quoted are exclusive of postage and packaging costs, but are inclusive of any VAT payable in the United Kingdom. The amount payable by You will be the total price of the Goods and the applicable delivery charge.

3.3 Payment can be made by cards as displayed and/or accepted in the Checkout section. Payment will be processed on the first working day after sending Your confirmation of Order email.

4. Time Schedule To Delivery

All Orders are individually printed after your Order has been confirmed. We do not carry stock of any printed images, and these delivery times apply:

 

4.1 Prints Only

 

Prints means prints only on paper and/or canvas: not mounted, stretched, nor framed.

  

UK: 10 working days (Monday to Friday inclusive) from date of Order email

 

Europe: up to14 working days (Monday to Friday inclusive) from date of Order email

 

Outside Europe: up to 21 working days (Monday to Friday inclusive) from date of Order email

 

4.2 Framed Prints & Stretched Canvases

 

Prints that framed by Weston Earth Images, and canvases that are delivered stretched on a frame.

 

UK: 14 working days (Monday to Friday inclusive) from date of Order email

 

Europe: up to18 working days (Monday to Friday inclusive) from date of Order email

 

Outside Europe: up to 25 working days (Monday to Friday inclusive) from date of Order email depending on destination.

5. Non-Delivery

5.1 Weston Earth Images cannot be held responsible if the delivery address provided by You is incorrect.

5.2 All our Goods are by registered post within the UK, unless otherwise advised. We normally use UPS for any exceptional UK deliveries, and Fedex for international deliveries. The standard UPS terms of delivery are:

 
• If UPS is unsuccessful with its first delivery attempt, you will be left an  InfoNotice enabling you to change or confirm details of the next delivery attempt.
   
     
• After three delivery attempts, UPS will hold the shipment at a nearby UPS facility for five days for you to collect before returning it to us.

We believe that 3 delivery attempts, and the holding of the package for 5 days, gives you more than enough opportunity to have the package delivered, so, if we have to resend the package to you, then, under most circumstances, you will be required to pay that second delivery charge.

5.3 Concerning any non-delivery issues, please contact Weston Earth Images at info@westonearthimages or call 01372 457271.

5.4 If you are given the option of cancelling Your Order, we will refund the price You paid in accordance with the Refunds and Exchange Policy in 6 below.

5.5 Any liability of Weston Earth Images for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or to issuing a refund.

5.6 If for any reason (other than exercising Your rights to return the Goods) You will not accept delivery of the Goods, or Weston Earth Images is unable to deliver the Goods on time because You have not provided appropriate instructions, Weston Earth Images reserves the right to make an additional delivery charge at a fair rate.

5.7 Weston Earth Images reserves the right to defer the date of delivery or cancel any agreement under these Terms and Conditions without liability to You if it is prevented from or delayed in the carrying out of the business due to circumstances beyond Weston Earth Images' reasonable control. If the event(s) in question continue for a continuous period in excess of 30 days, You shall be entitled to give written notice to Weston Earth Images to cancel such agreement and obtain a refund of any sums paid.

6. Returns & Exchanges

6.1 Weston Earth Images offers You a 100% guarantee that if for any reason You are unhappy with the Goods Earth Images will:

 
• exchange the Goods for an alternative of Your choice to equal value
   
     
• or give You a full refund for the price You paid for the Goods within 14 days or sooner, excluding the packaging and delivery costs

so long as:

 
• You notify us of Your intention to return the Goods to Weston Earth Images ("Notification") within 7 working days of receipt
   
     
• The Goods are returned to Weston Earth Images within 14 days from the date of Notification, and the Goods are in their original condition, in their original packaging (where possible) and the receipt is enclosed.

6.2 All refunds will be credited to the credit card which was used in the Order.

6.3 Where You are returning Goods because the Goods supplied were incorrect or defective, faulty or damaged, Weston Earth Images will be happy to refund any delivery charges incurred by You in returning the goods.

6.4 Where Weston Earth Images supplies the Goods to You in good condition and You wish to return them, You will be responsible for costs of the return postage to us.

6.5 Returned Goods should be sent to this address enclosing Your name, postal and e-mail addresses and phone number:

Weston Earth Images Ltd, The Old Surgery @ Middle Farm, The Street, Effingham KT24 5LP.

7. Risk & Ownership

7.1 Risk of damage to, or loss of the Goods shall pass to You upon delivery of the Goods.

7.2 Ownership of the Goods shall not pass to You until Weston Earth Images has received in full (in cleared funds) all sums due to it in respect of the Goods and all other sums which are or which become due to Weston Earth Images from You on any Order.

8. Limitation Of Liability

8.1 Weston Earth Images warrants that it has title to sell the items displayed on this Website. All other warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from any agreement between Weston Earth Images and You.

8.2 Nothing in these Terms and Conditions excludes or limits the liability of Weston Earth Images for fraudulent misrepresentation or death or personal injury caused by the negligence of Weston Earth Images or its employees.

9. Invalidity of Terms

If any provision of these terms and conditions shall be unlawful, void or unenforceable for any reason then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

10. Law

10.1 English Law shall govern these terms and conditions and any dispute arising shall be subject to the non-exclusive jurisdiction of the English Courts.

10.2 Notwithstanding the provisions of paragraph 10.1 (above), should this website be accessed by anyone outside of England and Wales, it shall be that person's responsibility to ensure compliance with any local laws to the extent that they do or may apply.