| Terms and Conditions of Sale and Use of Images
"The Company / We / Us" means TMS Media Ltd - Zippix Imagesource
"The Buyer / You" means the person, firm or company ordering
or buying goods from the company.
Consumer Rights
In the case of a consumer transaction none of the terms and conditions shall affect the statutory rights of the buyer
Price Policy
All prices in our online catalogue are in UK pounds sterling and exclude UK VAT. All images are available for download immediatley following your confirmed purchase. There are consequently no further charges for delivery.
Refunds
CONSUMERS' RIGHT TO CANCEL (NON-PERISHABLE GOODS)
This clause shall only apply if you are a consumer for the purposes of the Consumer Protection (Distance Selling) Regulations 2000 and you place an order with us for non-perishable goods.
You will have an opportunity to examine and reject the goods you ordered
from us after they have been delivered to you. You may reject the goods
for any reason from the time we accept your order up to 7 working days
from the day after delivery of the goods to you by sending notice in writing
(including e-mail) to us.
Our postal address is:
1 Viking Road
Gapton Hall
Great Yarmouth
Norfolk
Our email address is:
rob@zippix.co.uk
Should you inform us you wish to reject the goods you will be entitled to a full refund of the price which you paid for the goods. We will refund the price paid by you by crediting your debit or credit card account if your payment was made by debit or credit card, and otherwise by issuing you a cheque, within 30 days of your notice of rejection of the goods having been given.
When 7 working days have elapsed from the day after you received the goods from us you will be deemed, provided you have not rejected the goods as set out above, to have accepted the goods and you will no longer be entitled to return them for a refund for a reason other than damage to or a defect in the goods.
In order that we may improve our service to our customers, you are requested to send a statement explaining your reason for rejecting the goods, although you do not need to do so if you do not want to.
NON-CONSUMERS' RIGHT TO CANCEL AND ORDERS FOR PERISHABLE GOODS
This clause shall only apply if you are not a consumer for the purposes of the Consumer Protection (Distance Selling) Regulations 2000 or to any customer purchasing perishable goods.
Where you have placed an order with us for goods you shall not be entitled to reject or return these goods to us for any reason other than damage to or a defect in the goods.
Should you reject the goods for reasons of damage or defect you will be entitled to a full refund of the price which you paid for the goods.
Privacy Policy
We are committed to protecting your privacy. We will only use the information
that we collect about you lawfully in accordance with the Data Protection
Act 1998.
We collect information about you for 2 reasons: first, to process your
order and second, to provide you with the best possible service.
We will not e-mail you in the future unless you have given us your consent. We will give you the chance to refuse any marketing email from us.
The type of information we will collect about you includes:
Your name
Your address
Your telephone number
Your email address
We will never collect sensitive information about you without your explicit
consent.
The information we hold will be accurate and up to date. You can check
the information that we hold about you by emailing us. If you find any
inaccuracies we will delete or correct it promptly.
We do not disclose information about you to third parties.
The personal information which we hold will be held securely in accordance with our internal security policy and the law.
If we intend to transfer your information outside the EEA (European Economic Area) we will always obtain your consent first.
We may use technology to track the patterns of behaviour of visitors to our site. Browser Sessions are used on this shopping site to keep track of the contents of your shopping cart once you have selected an item. The information collected in this way can only used to identify you if you supply us with identification information; for example by registration, logging on to an existing registration or the completion of a form. You may be able to modify your browser to prevent this happening, although you will be unable to purchase any goods from our website if you do this.
If you have any questions or comments about privacy, please contact us.
1 Viking Road
Gapton Hall
Great Yarmouth
Norfolk
Telephone : 01493 650334
Our email address is:
rob@zippix.co.uk
Guarantees and Defective Products
None of the following shall affect your statutory rights as a consumer.
The company guarantees to the buyer that the goods will be free from defects caused by faulty materials or poor workmanship for a period of 12 months from the date of delivery.
Under this guarantee the company will at it's discretion repair, replace
or issue a credit to the buyer for any goods found to be defective by
reason of faulty materials or by poor workmanship, provided that:-
(i) The company is notified within 7 days of the buyer first discovering
any such defects and in any event no later than the minimum warranty period
from the date of dispatch.
(ii) The defective goods are returned to the company, transportation charges
being pre-paid by the buyer.
Examination by the company of such goods shall disclose to its satisfaction
that such defects exist and have not been caused by misuse, neglect, accident,
improper storage, installation or handling, or by repair or alteration
not effected by the company.
The company's liability to the buyer in either contract or tort shall
not extend either under this condition or any other provision or in any
circumstances at all to indirect or consequential loss or damage or loss
of profits sustained by the buyer that could not have been reasonably
contemplated, provided always that this condition shall not exclude or
restrict for death or personal injury arising from its negligence.
It is the responsibility of the buyer to ensure that any items returned
are properly insured.
The company will not be responsible for any items lost or damaged in transit.
Customer Care, Problems and Complaints
We sell quality products, use the latest technology, have efficient administration systems and use reputable carriers. Despite all of this, we understand that occasionaly things can go wrong.
If you have a complaint about our products our products or services, in the first instance please telephone or email us - we may be able to resolve an apparent problem immediately. In all circumstances we will reply to complaint within 2 working days and our aim is to resolve all complaints within 5 working days. You may address any complaints to our Customer Care Helpdesk:
TMS Media Ltd - Zippix Imagesource
1 Viking Road
Gapton Hall
Great Yarmouth
Norfolk
Telephone : 01493 650334
Our email address is:
rob@zippix.co.uk
Force Majeure
The company reserves the right to cancel, vary or suspend the operation or contract of sales if events occur which are in the nature of force majeure including (and without prejudice to the generality of the foregoing) fire, floods, storm, technical failure, plant breakdown, strikes, lock-outs, riots, hostilities, non-availability of materials or supplies or any other event outside the control of the company and the the company shall not be held liable for any breach of contract resulting from such event.
Refusal to Supply
Please note that due to legal limitations, some products may not be freely
available in unlimited quantities or for delivery to specific countries.
In addition the company may require the customer to present appropriate
licenses to purchase and/or additional paperwork before an order can be
accepted.
(i) The company reserves the right to refuse to supply any order due to
legal or any other restrictions. Any refund relating to orders restricted
by law may be subject to a reasonable administration charge.
(ii) The company further reserves the right to refuse to supply any order
for any reason whatsoever. Orders placed in good faith will be fully refunded
when subject to this condition.
Law
These conditions of sale shall be construed in accordance with English Law.
Terms of Image Use.
This is a legal agreement between you and TMS Media Ltd. The term “images” includes any photographs and illustrations offered for sale or contained on the zippix.co.uk website. By purchasing and using these images you agree to be bound by this agreement. If you do not agree, use of our images must cease immediately.
All zippix.co.uk images and other content in the website are owned by TMS Media and are protected by copyright laws. TMS Media grants a license to you to use its images upon payment in full for the images purchased. This is a perpetual license at will and can be terminated by TMS Media at any time. TMS Media will not be liable to you for any consequential, incidental, direct, indirect or other damages arising out of the license of content, including any claim of a third party.
Your right under this agreement is the non-exclusive, non-transferable right to use images in advertising and promotional materials for you, your customers or direct clients. Examples of use include: brochures, reports, disposable packaging, book covers, educational text books, greetings cards, T-shirts, postcards, posters, phone cards, credit cards, templates, CD covers, cassette covers, board games, calendars, magazines, newspapers, newsletters, resale products, advertising, editorials, catalogues, films, presentations, documentaries, television productions, commercials and videos.
Images may not be sold, rented, given away, leased, sub-licensed or loaned in any form. You may not post any image, or a hot link to any image, on an electronic bulletin board, put the images on-line in a downloadable format, use the images in a website at a resolution higher than 72dpi or make them available via FTP.
You must also take all steps necessary to prevent any third party from duplicating or distributing images. Any use of images that would be considered defamatory, offensive, racist, sexist, pornographic or otherwise unlawful is expressly prohibited.
You must not incorporate images into a logo or trademark. Use of the Zippix, TMS Media and other logos or trademarks on zippix.co.uk without our permission is prohibited.
You agree not to use the image in any unsolicited mass e-mail messages, in any usenet, forum, listserv or similar where it is prohibited under the rules of the usenet, forum or listserv, or use the image in association with any virus, trojan horse or the like.
You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of zippix.co.uk. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
All equipment accessing images must be at one physical location and be operating under one organization.
This license will terminate automatically without notice from TMS Media if you fail to comply with any provision. Upon termination, you will destroy all images and copies of images. If any provision of this agreement is held invalid, the remainder of the agreement will remain in full force and effect.
TMS Media reserves the right to revoke the license to use any image for good cause and elect to replace such image with an alternative image. Upon notice of any revocation of a license for any image, you must immediately cease using the image, take all reasonable steps to discontinue use of the image in products that already exist and inform all end-users and clients of the revocation.
No title to or intellectual property rights to any image is transferred to you. TMS Media retains all rights not expressly granted by this agreement.
Questions on usage or rights should be directed to TMS Media at the address or telephone number on the zippix.co.uk website.
