These terms and conditions are the terms and conditions upon which Earthquest Photography agrees to provide the Products to the Customer through the Earthquest Photography Site. If Earthquest Photography accepts the Customer's order, the Customer will be legally bound by these terms and conditions. PLEASE READ CLAUSE 7 OF THESE TERMS AND CONDITIONS CAREFULLY WHICH LIMITS EARTHQUEST PHOTOGRAPHY'S LIABILITY TO THE CUSTOMER.
1.1. The following terms will have the following meaning in these terms and conditions:
“Customer” the customer purchasing a Product under these terms and conditions;
“Price” the price for purchasing a Product by the Customer as set out on the Site;
“Product” a product sold by Earthquest Photography through the Earthquest Photography shop area of the Site;
“Earthquest Photography shop” the designated part of the Site which provides means for the Customer to purchase products, with such purchase being governed by these terms and conditions;
“Site” the website accessible via www.earthquestphotography.com and all sub-domains thereof owned and operated by Earthquest Photography;
1.2. The headings are for convenience only and do not form part of the contract.
1.3. Where the context so admits or requires, words denoting the singular include the plural and vice versa;
1.4. Where the context so admits or requires, words denoting the masculine shall include the feminine and vice versa;
1.5. References to statutory provisions shall be construed as references to those provisions as replaced, amended or re-enacted from time to time (whether before or after the date of this agreement) and shall include any provisions of which they are re-enactments (whether with or without modification) and any subordinate legislation made under such provisions.
2. Delivery of the Product
2.1. In consideration of payment by the Customer to Earthquest Photography of the Price for each Product plus any cost of postage and packing set out on the Site, Earthquest Photography agrees to produce or arrange for the delivery of a Product to the Customer in accordance with the appropriate delivery means set out on the Site.
2.2. The customer agrees and acknowledges that Earthquest Photography may use a contractor to produce the Product and such contractor will not exercise any input, selection or alteration of its content whatsoever nor will Earthquest Photography be liable for the actions or omissions of such contractor.
3. Price and Payment
3.1. The Price must be pre-paid by the Customer on submitting an order for the Product through the Earthquest Photography shop. Payment must be made online via the Site by credit or debit card or such other payment methods as noted on the Earthquest Photography shop part of the Site. No Productwill be delivered to the Customer unless and until the Price for that Producthas been received in cleared funds by Earthquest Photography.
3.2. The Price is subject to change from time to time by Earthquest Photography and such a change will be notified by amending the Price as set out on the Earthquest Photography shop area of the Site. Any increase in the Price will only apply to an order placed after the date of the increase, and will not apply retrospectively.
3.3. Payments and transactions are managed for Earthquest Photography by their designated service provider as notified through the Earthquest Photography shop.
4.1. Subject to these terms and conditions, the Customer may cancel its order by e-mail quoting the relevant reference number of the Customer's order to the e-mail address designated for cancellations as set out on the Site.
4.2. In the event that the Customer cancels its Submission within 7 days following the date of posting its Submission, provided that Earthquest Photography has not commenced production of the relevant Product, Earthquest Photography will refund the Fee paid for the relevant Submission.
4.3. In the event that the Customer cancels its Submission after production of the relevant Product has commenced, the Fee paid to Earthquest Photography relating to the relevant Submission will be non‐refundable.
4.4. Earthquest Photography may cancel the contract if:
4.4.1. it has insufficient stock to deliver the goods ordered by the Customer;
4.4.2. it does not deliver to the Customer’s given address for delivery; or
4.4.3. one or more of the goods ordered by the Customer was listed at an incorrect price due to a typographical error or an error in the pricing information received by Earthquest Photography from its suppliers.
4.5. If Earthquest Photography cancels any order it will notify the Customer by e-mail and will re-credit to the Customer’s account any sum deducted from the Customer’s credit card as soon as possible but in any event within 30 days of the order. Earthquest Photography will not be obliged to offer any additional compensation for disappointment suffered.
5. Returns Policy
5.1. The Customer may return Products which are undamaged, still packaged and fully marketable to Earthquest Photography for any reason within 7 days of delivery for a full refund subject to this clause 5.
5.2. Where the Customer returns any Product in accordance with this clause 5, then the Customer will have no further rights whatsoever in respect of the supply to the Customer of that Product or any failure by Earthquest Photography to supply that Product in accordance with this Agreement.
5.3. Returned Product orders must be returned to Earthquest Photography via the address supplied after use of the Contact Form on the Site.
6. Delivery of Product
6.1. Unless otherwise agreed in writing by Earthquest Photography, delivery of the Product pursuant to an order will take place once the Product is dispatched by Earthquest Photography via its contractors as the case may be.
6.2. Any dates specified by Earthquest Photography for delivery of the Product are intended to be estimates only and time for delivery will not be of the essence. If no dates are so specified, delivery will be within a reasonable time.
6.3. Any liability of Earthquest Photography for non-delivery of the Product will be limited to replacing the Product within a reasonable time or issuing a credit note for the Price. Earthquest Photography will require reasonable evidence of non-delivery and will not be liable for more than one replacement of an undelivered Product.
7. Limitation of Liability
7.1. The Customer acknowledges that the following provision reflects a fair allocation of risk. These terms and conditions set out Earthquest Photography's entire liability to the Customer and all other liability of Earthquest Photography to the Customer is hereby excluded, subject that nothing will exclude or restrict Earthquest Photography's liability for fraudulent misrepresentation and/or for death or personal injury (including but not limited to sickness and death) to the extent that such injury results from Earthquest Photography's negligence or wilful default, its servants, agents or subcontractors.
7.2. The Customer agrees that Earthquest Photography's total liability under these terms and conditions will not exceed (death or personal injury caused by negligence excepted) the Price paid by the Customer to Earthquest Photography relating to the relevant Submission giving rise to the alleged claim, including where such liability arises out of Earthquest Photography's negligence.
7.3. In no event will Earthquest Photography be liable to the Customer whether in contract, tort, by statute or otherwise in respect of any loss of profits and/or for any special, indirect, incidental or consequential loss or damage arising out of or in connection with the provision of the Product, including without limitation: loss of revenue, loss of anticipated savings, loss of business and/or goods, loss of goodwill, loss of use, loss and/or corruption of data and/or other information. For the avoidance of doubt, neither the types of loss and/or damage specified above nor any similar types of loss and/or damage will constitute direct loss for the purposes of this agreement.
7.4. The Customer agrees and acknowledges that in the event of an error or omission in the reproduction in the production of the relevant Product as set out in the relevant order which materially detracts from the quality of the Product, Earthquest Photography's liability for any such error or omission made by Earthquest Photography will not exceed the LESSER of the following:
7.4.1. the amount of a full refund of the Price; or
7.4.2. the cost of re-producing the relevant Product in question.
8.1. Earthquest Photography does not give any warranties with regard to the content of the Product and to the maximum extent permitted by law, Earthquest Photography excludes liability for all representations (except those made fraudulently), warranties, conditions and other terms which but for this notice would have effect or be implied.
8.2. The Customer agrees and acknowledges that he is responsible for the security and use of any password or login identifier issued to him in connection with the provision of the Services and that he must take all reasonable steps to ensure that such identifiers are kept confidential and secure and that he will not allow any other person without his authority to use his password or identifier.
9. Intellectual Property Rights
9.1. All copyright, design rights, database right, patents, personality rights and any rights to inventions, know-how, trade and business names, trade secrets, logos and devices, trade marks (whether registered or unregistered) and any applications therefore (“Intellectual Property Rights”) in the design, development, look and feel and concept of the Site are the property of or properly licensed to Earthquest Photography. All such rights of Earthquest Photography are hereby asserted and reserved.
9.2. Earthquest Photography, earthquestphotography.com and associated logos and brand features are trade names or trade marks of Earthquest Photography, the use of which is expressly forbidden by any other persons without the express permission of Earthquest Photography. Such trade marks, trade names and brand features may be reproduced on the Product by Earthquest Photography.
10. Data Protection
10.1. The Customer agrees to the reasonable processing of personal data (as defined in the Data Protection Act 1998) by Earthquest Photography for the purposes of providing the Service to the Customer. In processing personal data, Earthquest Photography will comply with all relevant legislation, including but not limited to the Data Protection Act 1998.
10.2. Earthquest Photography will not without your prior authorisation, release your details to any 3rd party.
11. Restrictions of the Internet
11.1. The Customer acknowledges and accepts that:
11.1.1. Earthquest Photography has no control over the Internet which is a global decentralised network of computer systems. Access to the Site will not be error free or uninterrupted and may be very variable; and
11.1.2. information, software and other material accessible over the Internet via the Site including the Software may contain viruses, worms, Trojan horses, cancelbots, or other harmful and destructive components. Earthquest Photography will not be liable for any direct, indirect, incidental or other loss or damages which result or may result from the Customer's access to or use of the Internet
11.2. The Site is maintained by Earthquest Photography's web hosting service provider. Every effort is made to ensure the continuity of the Site, but some occasional technical downtime beyond Earthquest Photography's control and/or the control of Earthquest Photography's hosting service provider may occur. Such downtime may prevent the Site being available for the duration of the downtime and may result in errors occurring in the posting of orders via the Site. Earthquest Photography will not be liable for such delays or errors resulting from any cause beyond Earthquest Photography's control and/or that of Earthquest Photography's web hosting provider including, for the avoidance of doubt, hosting server downtime.
12.1. Any notice required or permitted under these terms and conditions will be in writing (which may be by e-mail) and will be deemed to have been properly given:
12.1.1. 48 hours after being posted by first class mail (by airmail if sent internationally) with postage prepaid to the address set out on the Submission or other address notified for the purpose; or
12.1.2. at close of business on the day of effective transmission if sent by e-mail to an e-mail address notified for that purpose.
13.2. No provision of these terms and conditions will be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not party to it.
13.3. Earthquest Photography may assign its rights or obligations under these terms and conditions at anytime. The Customer may not assign its rights or obligations under these terms and conditions without Earthquest Photography's prior written consent.
13.4. Earthquest Photography will not be liable for failure to meet its obligations under these terms and conditions if Earthquest Photography or its contractors are prevented from or delayed in doing so due to circumstances beyond Earthquest Photography's reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.
13.5. Earthquest Photography can be contacted via email at the following address
14. Governing Law
14.1. These terms and conditions will be governed by English law and the parties hereby submit to the exclusive jurisdiction of the English courts.