Terms and Conditions of Purchase and Use
Keith Sutton trading as Sutton Images
Terms and conditions of purchase and use
Important - this is a legal agreement between Sutton Images and you, the customer of Sutton Images.
www.sutton-images.com including any associated websites (the "Website") is provided by Sutton Images, a sole trader registered according to the laws of England and Wales whose office is at 61 Watling Street, Towcester, Northants, NN12 6AG
Please read the following terms carefully before using this Website or before placing your order for goods with Sutton Images
Governing Law and Contract Formation
No contract will subsist between you and Sutton Images unless and until Sutton Images accepts your order by e-mail or in writing confirming that it has dispatched your goods ordered ("Goods"). That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time Sutton Images sends the e-mail to you (whether or not you receive that e-mail) or otherwise when the written confirmation is posted to you. For the avoidance of doubt, any such contract between you and Sutton Images will be deemed to have been concluded in England and Wales. Further, any such contract will be interpreted, construed and enforced in all respects in accordance with the laws of England and Wales, and you and Sutton Images irrevocably submit to the non-exclusive jurisdiction of the English Courts.
1.1 Any contract for the purchase of goods on this Website shall be concluded between you and Sutton Images.
1.2 The Shopping Basket can be viewed at any time and does not commit you to ordering.
1.3 For help or if you need any further information please call our customer services line (01327 352188) or international (+44 327 352188), or e-mail our customer services team (firstname.lastname@example.org) with your query.
1.4 When you choose to go from the shopping basket to the Check Out page that asks for your personal and credit card details the security system is activated and you will see a padlock symbol at the bottom of your browser screen. This means that your details are coded and secure when sent over the web. Please note that your order is not processed until you complete your details and press the 'Complete Order' Button at the bottom of the checkout page. Until then you have the option to amend or to Cancel your order.
1.5 When you leave the ordering system the padlock will disappear.
1.6 If you have any concerns about security please refer to the Safe and Secure section of this Website or please call our customer services line (01327 352188) or international (+44 327 352188), or e-mail our customer services team (email@example.com)
1.7 What Credit Cards do we Accept?
We accept all major credit cards.
1.8 Delivery Charges
Delivery charges vary per item and shipping destination. You can find out our current delivery charges by visiting the Packing & Delivery section of this Website. Delivery charges are itemised separately in your shopping basket and are included in the total value of your shopping basket.
1.9 VAT Policy
All prices shown are inclusive of VAT at the current rate applicable in the United Kingdom. Sutton Images is registered for VAT with VAT registration number: GB388296491
1.10 Ownership of Goods
Ownership of goods does not pass to you or any other person until the goods are paid for in full.
For most orders you should normally receive the goods within 7-14 days. We make every effort to deliver goods within the estimated time, however delays are occasionally inevitable, and we will not be liable for any loss caused to you by late delivery. If the rare circumstance arises whereby we are unable to deliver within our usual delivery time, and cannot agree another time with you, you will be offered the opportunity to cancel your order and get a full refund. In no event will delivery of the goods take longer than 30 days.
1.12 Returns & Cancellation:
We believe that you will be 100% satisfied with the Goods ordered, but occasionally you may need to return an item. Our returns and cancellation policy is as follows:
1.12.1 Where you are a consumer under the United Kingdom's Consumer Protection (Distance Selling) Regulations 2000, you have the right to cancel the contract for the purchase of any item within seven working days of delivery. This applies to all goods sold on this Website. However, in line with our guarantee given on this Website, in addition to this right, if you are not fully satisfied with any item you order from us, then you may return it within 14 days of receipt for a full refund or to exchange it for alternative Goods of a similar value.
1.12.2 To cancel this contract, please contact us by e-mail or phone before returning any Goods, so we can give you a specific returns number. Once you receive this from us, fill out the proof of delivery form that accompanies your Goods, giving the reason for the return as "Contract cancellation". Please package the relevant Goods securely and return them to us with the delivery slip so that we receive them within seven working days of the date that the Goods were delivered to you.
1.12.3 Please note that you will be responsible for the cost of returning the Goods to us unless we delivered the Goods to you in error or the Goods are faulty. If we do not receive the Goods back from you with the proof of delivery form, we may arrange for collection of the Goods from your residence at your cost. You will be responsible for the Goods until they reach us, and we suggest you use a secure delivery method (which requires a signature upon delivery).
1.12.4 Refunds are made within a week of an order being cancelled and the Goods having been returned to us along with the original receipt.
2. Copyright and Intellectual Property (including Intellectual Property in the Goods sold)
2.1 Sutton Images either owns or is licensed to use the copyright in the data, table, graphic, editorial or other content of its Website pages and in the data appearing on its Websites unless another copyright holder is credited on the relevant Website page.
2.2 We appreciate that our material may help to back-up your own research or to augment your organisation's promotional activities. You may use the owned material on this Website for non-commercial use provided you do all of the following:
a) act within the copyright laws of England and Wales, or of the territory in which the material was originally published;
b) publish the material without any adjustment which would alter its meaning or bring , its personnel, representatives, agents, clients or the subject of the material or any other person or entity into disrepute;
c) meet the requirements of current Human Rights legislation and Data Protection Law within Europe (which rights may extend to individuals and entities resident outside the European Economic Area);
d) publish a credit to a specific and relevant publication or website, and to any individual named author, at the foot of the re-used material; and, if reproduced on a website, include a URL link to the original article or the point of entry to that website page or to the publication's website page as agreed in advance in writing with Sutton Images.
2.3 All goodwill associated with your use of Sutton Images trade names or marks shall inure solely to the benefit of Sutton Images and you shall not assert any claim or ownership to any trade names or marks or to the goodwill or reputation thereof. All other trade marks, brand names, products and company names all of which are cited on this Website are the trade marks and/or property of their respective owners.
2.4 If you are unsure of the legality of your re-use of material published on Websites owned or managed by Sutton Images you should contact Sutton Images.
2.5 Sutton Images relies on representations and undertakings made by its suppliers that no third party intellectual property rights (including moral rights) in and to the Goods sold on this Website will be infringed by the sale by Sutton Images of the Goods to you the customer anywhere in the world. Sutton Images gives no representation, warranty nor undertaking that the sale of the Goods on this Website does not breach third party intellectual property rights. Sutton Images disclaims, to the fullest extent permitted under law, any loss, liability, cost or expense which you may suffer arising out of or from any such breach of third party intellectual property rights.
3. User Responsibility
3.1 You may not tranSutton Imagest any unlawful, threatening, abusive, libellous, defamatory, obscene, pornographic, profane or otherwise objectionable material or information of any kind including but not limited to tranSutton Imagesssion constituting or encouraging conduct which would constitute a criminal offence, give rise to civil liability or otherwise violate any national or international law.
3.2 You may not tranSutton Imagest any information, software, e-mail or attachment which contains in full or in part any Virus, Worm, Trojan Horse or other harmful component.
3.3 You may not restrict or inhibit use of the Websites by any other individual or organisation.
3.4 You may not post, publish, tranSutton Imagest, distribute or otherwise exploit any software information or material obtained through the Website other than for the purposes expressly permitted.
3.5 All individual articles, reports and other elements making up the Website may be copyright works or protected by database rights. You agree to abide by all additional copyright and database right notices or restrictions contained on the Website.
3.6 You agree to notify Sutton Images in writing promptly upon becoming aware of any unauthorised access to or use of the Website by any party.
3.7 Other than the licences granted to you under this agreement, you may not copy, reproduce, recompile, decompile, disassemble, reverse-engineer, distribute, publish, display, perform, modify, upload to create derivative works from, tranSutton Imagest, communicate or in any other way exploit any part of the Website and/or the Website's material.
3.8 The Website and all the information contained therein may not be used to construct a database of any kind nor may the Website be stored in its entirety or in any part in databases for access by you or any third party or to distribute any database websites containing all or part of the Website.
3.9 You agree to indemnify, defend and hold harmless Sutton Images from and against any claims, actions, demands or other proceedings brought against Sutton Images by a third party to the extent that such claim, suit, action or other proceedings is based on or arises in connection with your use of the Website and any breach by you of this agreement. This section survives termination of this agreement for any such reason.
3.10 You accept that Sutton Images has the right to change the material, or information of any aspect of the Website at any time at its sole discretion. You further accept that such changes may result in your being unable to access the Website. Sutton Images may suspend the Website from time to time to carry out maintenance and to make upgrades.
4.1 Our hyperlinks:
The Website may include links to third party websites. Such hyperlinks are included to ease the user's path through the Internet. Their inclusion cannot be taken to imply any endorsement or validation by Sutton Images of the content of the website referred to. Hyperlinks can become out-of-date and cease to work or they can direct users to a website page whose contents or use have been changed by its owner. Sutton Images has no control over, and can therefore accept no responsibility or liability for any losses or penalties that may be incurred or for the accuracy of hyperlinks to third party websites, or the content of such third party websites.
4.2 Your hyperlinks:
You may provide hyperlinks to the Website and pages owned and/or managed by Sutton Images with prior written consent from Sutton Images. Such hyperlinks may only direct users to the home page of the relevant website, and must display the relevant page in the same form as this Website, without amendment or framing.
5.1 The material and information published on this Website are provided on an "as is" basis without warranty of any kind, either expressed or implied. To the fullest extent permissible at law Sutton Images shall not be liable for damages arising out of or in connection with the use of this Website or the information, content, materials or products included on this Website and Sutton Images hereby confirms that to the fullest extent permissible at law it does not give any warranty relating to the use of the Website or the products advertised thereon including, without limitation, warranties of merchantability and fitness for a particular purpose. Price and availability information is subject to change without notice.
5.2 Sutton Images does not guarantee the accuracy or integrity of the material or information nor its suitability for any particular purpose. To the extent permitted by law, Sutton Images excludes any liability whether in contract, tort (negligence) or otherwise for any incorrect or misleading information on the Website.
5.3 Errors can occur and Sutton Images offer no assurance that they will be corrected. No liability will be accepted in respect of service interruptions, nor in the event of any Viruses, Worms, Trojan Horses and other harmful components being present in or tranSutton Imagestted by Sutton Images systems and networks.
5.4 Sutton Images does not accept any liability for any loss of data or software, revenue, business, profits cost or expense, or any direct, indirect, incidental or consequential loss or damage arising out of or in connection with the use of, or the lack of availability of the Website or its content and/or in connection with any permission, right or licence to use the material given under clause 2.2 or otherwise.
5.5 The limitation of liability provided for under these terms is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Subject to Clause 5.6, in the event that Sutton Images is held liable, the total liability of (whether in contract, tort, negligence or otherwise) in respect of any loss or damage arising out of or in connection with the Website shall be limited to £100 for any one incident or series of incidents. This clause does not affect your statutory rights as a consumer. This section survives termination of this agreement for any reason.
5.6 Nothing in this clause 5 shall exclude “Sutton Images” liability to you for fraudulent misrepresentation by or the death or personal injury resulting from its negligence or that of its employees.
6. General provisions
6.1 No waiver by Sutton Images of any breach of any obligation arising under this agreement shall constitute a waiver of any other breach and no failure to exercise or the partial exercise by Sutton Images of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
6.2 If any provision of this agreement is held by a court of competent jurisdiction to be invalid unlawful or unenforceable for any reason then such part will be severed from the remainder of this agreement, which will continue to be valid and enforceable to the fullest extent permitted by law.
6.3 This agreement constitutes the entire agreement between Sutton Images and you. All prior agreements understandings and negotiations and representations (save for fraudulent misrepresentation) whether oral or in writing are cancelled in their entirety. The terms of any other electronic communications will not form part of this agreement.
6.4 This agreement is governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts.
7. Our Details & Address and that of Sutton Images
Sutton Images, 61 Watling Street Towcester, Northants, NN12 6AG. England.