Store Terms and Conditions
The following terms and conditions apply to all orders placed with Aardstorm through the Zoos-UK.com website.
Books and DVDs
The Books and DVDs section of the Zoos-UK.com store is operated in association with Amazon.co.uk. All orders through this section of the store are placed directly with, and will be fulfilled by, Amazon. Amazon's own terms and conditions therefore apply to all such orders instead of those described here. All enquiries about such orders should also be directed to Amazon; we are unlikely to be able to help.
Photo Collections
The following terms and conditions apply to all orders for our collections of digital photos for use as desktop wallpaper and screen saver images. The General terms and conditions described below also apply to such orders; where there is a conflict between the terms in this section and those in the General section, the terms in this section will take precedence.
Copyright
The copyright in all images in the photo collections supplied by us is retained by the original photographer. When you purchase a photo collection from us, you are purchasing a licence to use those images for personal viewing only, and agree to be bound by the terms of that licence. All other rights are reserved; you must not use, copy, reproduce or distribute in any way, in whole or in part, any image supplied by us as part of a collection.
If you pass on a collection to another person, by sale or gift, they will take over your rights under the collection licence and will be bound by the terms of that licence. You will therefore loose all rights to the images in that collection and must not retain any copy.
See here for the full terms and conditions of our photo collection licence.
Delivery
If you order, and pay for, one or more of our photo collections online, you will gain immediate access to our store download page for the collection(s) you have purchased. Provided you have cookies enabled, you will be able to access that page for at least 100 days (indefinitely if you visit the page at least once every 100 days) using the computer you used to place your order. You may download the collection(s) you have purchased any number of times.
Where you order one or more collections for delivery on CD or DVD, these will normally be dispatched within 10 days of us receiving your order and full, cleared payment. We reserve the right to choose whether to ship your collections to you by recorded delivery or ordinary post.
Cancellation and Refunds
No right of cancellation or refund exists for photo collections ordered for download. This includes orders placed online for delivery by CD / DVD as well as download. If you find that you are unable to download a collection (using the computer you used to order the collection) after successfully completing the online payment process, and you did not also order the collection for delivery on CD / DVD, please contact us within 7 days with full details of your order (e.g. enclose your order confirmation e-mail) and we will endeavour to supply your collection to you by some other method.
Where a collection is ordered (online) for delivery on CD / DVD as well as download, then a right of cancellation and refund does exist, but only for the CD / DVD element of it. Please see below for our general return and refund terms and conditions.
General
This page, together with the similar page covering use of this site and any image licence, jointly form a legal document that describes the agreement between you and Aardstorm. This agreement sets out the rights and obligations of both yourself and Aardstorm, in respect of the products and services that are available through this site.
When you use this site you agree to the terms of this agreement, and you re-affirm that agreement whenever you use the services provided by this site, such as by placing an order for one or more ot our products.
This agreement does not affect your statutory rights as a consumer.
Contract for Goods and Services
To order products from us, you must be legally able to enter into contracts for such purchases. This means that you must be at least 18 years old and sane.
When you place an order for any of our products through this site, you agree to provide your full and correct name, address, and other requested information. If any of the information you provide becomes incorrect or superseded before delivery of your order is completed, then please notify us of the changes as soon as possible.
Our normal method of contacting you while fulfilling an order will be via e-mail. You must therefore provide a vaild e-mail address with your order that we can use to contact you.
We reserve the right to delay or refuse orders for which the supplied details are incomplete, cannot be verified, or suspected of being fraudulent. Where we are unable to reasonably ascertain these details, we will fully refund the card used at time of purchase. No other form of refund or credit will be issued, nor will any refund be made to any third party card or account.
Placing an order with us, whether through this site or by other means, constitutes an offer by you to us to purchase the goods specified in that order. Your offer will not be accepted by us until we send you an e-mail notification of the dispatch of your order. Any product items not included in this e-mail are not included in the order and contract between you and us.
You may also cancel your order with us at any time up to the time of dispatch, and you will receive a full refund. However, such cancellation must be in writing (by e-mail or letter); telephone cancellations will not be accepted. Also, any refund will only be paid to the card or account used at the time of purchase.
Product Pricing
We make every effort to ensure that prices displayed on this site are correct. If, however, an error in pricing is discovered after you have placed an order, we reserve the right to either cancel your order, or contact you to arrange for collection or refund of any difference between the amount you have already paid and that actually due. The processing of your order may be cancelled or corrected by us at any time up to the time of dispatch of that order.
We reserve the right to change our prices at any time, and without prior notice.
Payment
When you pay for an order using a credit or debit card through our payment service, you must ensure that you are fully entitled to use that card to make such payments.
When you pay for an order by whichever method you choose (e.g. by cheque or by credit / debit card) you must ensure that there are sufficient funds in the relevant account to cover that payment.
We will not proceed with fulfilling any order that you place with us until we have received full and cleared payment from you. If we do not receive such payment within 14 days of you placing an order, we will contact you with a reminder. If we still do not receive payment within 30 days of your order, we will deem your order to have been cancelled.
Title in any products ordered from us will not pass to you until we have received full payment, cleared into our bank account, and your order has been shipped.
Fulfillment
Within 7 days of us receiving your order, we will send you an acknowledgement of that order. This will contain our estimate of the likely date of dispatch of your completed order.
We will endeavour to dispatch your completed order within 28 days of us receiving both your order and full, cleared payment. If, for whatever reason, we are unable to dispatch your order within this time, our order acknowledgement will also give you the opportunity to either continue waiting for your order to be completed, or cancel your order for a full refund.
We cannot be held responsible for any disruption to shipping due to industrial action or other causes beyond our direct control. If we subsequently discover that we are unable to meet our estimated dispatch date, for whatever reason, we will contact you again with an explanation as soon as we are aware of the problem. At this point you will also have the opportunity to either continue waiting for your order to be completed, or cancel your order for a full refund.
Dispatch and Delivery
Once we, or our suppliers, have finshed producing your order, it will be dispatched to you immediately. We will not wait until the date specified in our acknowledgement of your order. Some or all of your order may be dispatched to you directly from our supplier(s). We reserve the right to choose which, if any, parts of your order are dispatched in this way. Your order may therefore arrive in two or more deliveries.
All deliveries, whether dispatched from ourselves or our suppliers, will normally require a signature on arrival. If nobody is available at the time of delivery, our carrier will leave further instructions how you may obtain your parcel.
If your parcel is returned to us (or our suppliers) as undelivered, then we will contact you with further instructions for how to arrange for redelivery. You will be required to pay further postage and administration charges before we will dispatch your order again. If you cancel your order at this point, the original postage charge and an adminstration charge will be deducted from your refund.
You should at least check the external packaging for absence of damage before signing for any delivery. Ideally, open the parcel and check its contents before signing. If this is not possible, then you should sign for the parcel as 'unchecked' (or equivalent), rather than accept any default 'received in good condition' implication of your signature.
Returns
We do not supply our products on a 'sale or return' basis. If you order products from us, we expect you to keep them, unless they arrive in some way damaged.
If you are not completely satisfied with what you have ordered, you may, however return it for a refund of the purchase price, less postage and packing. If you wish to return your order, you must notify us in writing (by e-mail or letter) within 7 days of delivery, and we will supply you with further instructions. You must not simply return it to us without prior agreement. You must also return your entire order in its orginal or equivalent packaging, and you will also have to pay the return postage costs.
We, or our suppliers, will pack your order carefully to ensure that it arrives in perfect condition. If, however, your order arrives in some way damaged or defective, then you must notify us immediately (within at most 7 days of delivery) to request either a replacement or a refund. If you require a refund, then only the purchase price of those items that are damaged will be refunded. If your entire order is damaged (e.g. you only ordered a single item), then the original postage cost will also be refunded. We will pay the postage cost for any replacement items.
We reserve the right to request you to return the damaged item(s) to us, possibly including the original packaging, or provide other evidence of the damage. In this case, we will refund the cost of any return postage. We may also wait until we receive the returned item before sending a replacement. We also reserve the right to refuse to issued a refund for any returned item where we believe that item has been deliberately or fraudulently damaged.
We recommend that you use a registered method of delivery, such as Royal Mail 'Recorded Signed For' when returning products to us, so that you have proof that you have returned the item(s). If a refund of return postage is due, this will be for a maximum of the charge for the Royal Mail 'First Class Recorded Signed For' service; any express, overnight, or special delivery element of the return postage fee will not be refunded.
We will not issue refunds for returned items lost or stolen in transit to us. If this happens, you should claim compensation from the company you used to return the item(s).
Taxes and Duties
Aardstorm is not currently registered for VAT, and can therefore not collect VAT. Once we become registered, we will have to charge VAT, where applicable and at the appropriate rate at the time of each sale, on all products and services to be delivered within the European Union.
If you require your purchase to be delivered outside of the UK, you will automatically be responsible for paying all other applicable taxes or duties. Such duties may be collected by the carrier at the time or, or prior to, delivery. Your order may also be subject to delay or examination by local customs authorities in the country of destination. We are unable to give any specific advice on customs duties or tarriffs.
Security and Privacy
All information that we collect about you, either during registration or order placement, is collected lawfully and in accordance with the Data Protection Act 1998.
Aardstorm will not use this data for any purpose other than that for which it was collected, or supply it to any other party, without your express permission.
Information collected during order placement will only be used for the fulfillment of that order, and kept by us for our records. We may need to supply parts of this information (your name and address) to others (our suppliers and carriers) to enable delivery of your order.
We do not receive your credit or debit card details; these are entirely handled by our secure payment service.
Waiver
Failure by Aardstorm to enforce any accrued rights under these terms and conditions shall not be taken as, or deemed to be, a waiver of those rights unless we acknowledge the waiver in writing.
Events Beyond Our Control
Aardstorm shall not be liable for delay or failure to perform any obligation under this agreement where the delay or failure is due to circumstances beyond our reasonable control. This includes, but is not limited to, acts of God, war, civil disorder or industrial dispute.
Reasonably Forseeable Losses
Aardstorm will be liable for any losses incurred by you caused by breaches of these terms and conditions by us, where such losses were reasonably foreseeable by us at the time of formation of the contract between you and us.
Any business, indirect or consequential losses not reasonably foreseeable at the time of the contract between you and us are excluded.
Aardstorm does not exclude or limit liability for personal injury or death caused by negligence or breach of duty by us, or our employees or officers.
Applicable Law
Aardstorm is based in England, therefore every sale shall be deemed to take place in England, and English law shall govern every transaction arising out of such sales.
Severability
In the event that any term of this agreement is held to be unenforceable by judicial decree or decision, then the remainder of this agreement shall remain valid and enforceable.
Changes to this Agreement
We reserve the right to change the terms of this agreement at any time. Any changes will take effect from the date the new version of this agreement is posted on this site. Subscribers to our newsletter will also be informed of significant changes to this agreement.