Terms and conditions of use and sale
terms and conditions of use
1. Introduction
These terms and conditions shall govern your use of our website. By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
If you register with our website or make a purchase on our website, we will ask you to expressly agree to these terms and conditions.
You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.
2. Copyright notice
Copyright © 2018 Rock Paper Film Limited.
Subject to the express provisions of these terms and conditions:
- we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and in all material (including, without limitation all images, illustrations and written material) produced by or for us in relation to a product on our website; and
- all the copyright and other intellectual property rights in our website and the material on our website are reserved.
We do not offer you the ability to gain any copyright or other reproduction rights to any product on our website.
We respect the intellectual property of others and require that users of our website do the same. If you believe that your work (i.e. work made available for sale on our site) has been copied in a way that constitutes copyright infringement, please provide us with the following information:
- an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest (if applicable);
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.
3. Licence to use website
You may:
- view pages from our website in a web browser;
- download pages from our website for caching in a web browser;
- print pages from our website;
- stream audio and video files from our website; and
- use our website services by means of a web browser, subject to the other provisions of these terms and conditions.
Except as expressly permitted by paragraph one of this Section 3 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
Unless you own or control the relevant rights in the material, you must not:
- republish material from our website (including republication on another website) without our express written consent;
- sell, rent or sub-license material from our website;
- show any material from our website in public;
- exploit material from our website for a commercial purpose; or
- redistribute material from our website.
Notwithstanding Section 3 you may redistribute our newsletter in print and electronic form to any person.
We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
4. Acceptable use
You must not:
- use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
- use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
- access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
- violate the directives set out in the robots.txt file for our website; or
- use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
You must not use data collected from our website to contact individuals, companies or other persons or entities.
You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
5. Products
The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.
We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
Prices stated on our website may be stated incorrectly.
The sale and purchase of products through our website will be subject to our terms and conditions of sale below, and we will ask you to agree to those terms each time you make a purchase on our website.
Any product reviews that you submit for publication on our website shall be subject to the terms of Section 9 and Section 10.
6. Your content: licence
In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, publish, translate and distribute your content in any existing or future media.
You grant to us the right to sub-license and/or to bring an action for infringement of the rights licensed under paragraph two of this clause.
You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
You may edit your content to the extent permitted using the editing functionality made available on our website.
Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
7. Your content: rules
You warrant and represent that your content will comply with these terms and conditions.
Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
Your content, and the use of your content by us in accordance with these terms and conditions, must not:
- be libellous or maliciously false;
- be obscene or indecent;
- infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
- infringe any right of confidence, right of privacy or right under data protection legislation;
- constitute negligent advice or contain any negligent statement;
- constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
- be in contempt of any court, or in breach of any court order;
- be in breach of racial or religious hatred or discrimination legislation;
- be blasphemous;
- be in breach of official secrets legislation;
- be in breach of any contractual obligation owed to any person;
- be untrue, false, inaccurate or misleading;
- consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
- constitute spam;
- be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
- cause annoyance, inconvenience or needless anxiety to any person.
8. Report abuse
If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know. You can let us know about any such material or activity by email or using our contact form.
9. Limited warranties
We do not warrant or represent:
- the completeness or accuracy of the information published on our website;
- that the material on the website is up to date; or
- that the website or any service on the website will remain available.
We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
To the maximum extent permitted by applicable law and subject to Section 10, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
10. Limitations and exclusions of liability
Nothing in these terms and conditions will:
- limit or exclude any liability for death or personal injury resulting from negligence;
- limit or exclude any liability for fraud or fraudulent misrepresentation;
- limit any liabilities in any way that is not permitted under applicable law; or
- exclude any liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions:
- are subject to paragraph one of this Section 10; and
- govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
11. Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
- send you one or more formal warnings;
- temporarily suspend your access to our website;
- permanently prohibit you from accessing our website;
- block computers using your IP address from accessing our website;
- contact any or all of your internet service providers and request that they block your access to our website; and/or
- commence legal action against you, whether for breach of contract or otherwise.
Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking.
12. Third party websites
Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations. We have no control over third party websites and their contents, and subject to Section 10 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
13. Trade marks
Our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
14. Variation
We may revise these terms and conditions from time to time. The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website
In the event of a revision as described in this Section 14, you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
15. Assignment
You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
16. Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
17. Third party rights
A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party. The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
18. Entire agreement
Subject to Section 10, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
19. Law and jurisdiction
These terms and conditions shall be governed by and construed in accordance with English law. Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.
20. Our details
This website is owned and operated by Rock Paper Film Limited.
We are registered in England and Wales under registration number 10816464, and our registered office and principal place of business is at 44 Manor Road, Walton on Thames, Surrey KT12 2PF.
You can contact us:
- using our website contact form;
- by telephone, on the contact number published on our website from time to time; or
- by email, using the email address published on our website from time to time.
Terms and conditions of sale
1. Introduction
These terms and conditions shall govern the sale and purchase of goods through our website. We also refer you to our Terms of Use above, which govern your use of the website, our Privacy and Cookies Policy, which sets out how we use personal information you provide to us.
You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).
2. Interpretation
In these terms and conditions:
- "we" means Rock Paper Film Limited; and
- "you" means our customer or prospective customer, and "us", "our" and "your" should be construed accordingly.
3. Order process
The advertising of goods on our website constitutes an "invitation to treat" rather than a contractual offer.
No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the goods you wish to purchase to your shopping cart, and then proceed to the checkout; you must select your preferred method of delivery and confirm your order; you will be transferred to our payment service provider's website, and our payment service provider will handle your payment; we will then send you a purchase confirmation. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the goods have been dispatched (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order. The contract will relate only to those goods whose dispatch we have confirmed in the dispatch confirmation. We will not be obliged to supply any other goods which may have been part of your order until the dispatch of such goods has been confirmed in a separate dispatch confirmation.
You will have the opportunity to identify and correct input errors prior to making your order.
We do not represent or warrant that goods will be available. Stock indications are provided on our website however these may not take into account sales that have taken place during your visit to the website.
We reserve the right, but are not obligated, to limit the sales of our goods to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
4. Goods
The following types of goods are or may be available on our website from time to time: vintage posters and vintage photographs.
We may periodically change the goods available on our website, and we do not undertake to continue to supply any particular goods or type of goods.
We have made every effort to display as accurately as possible the colours and images of our products that appear on our website. We cannot guarantee that your computer monitor's display of any colour will be accurate.
5. Prices
Our prices are quoted on our website. All prices are quoted in UK pounds sterling and are exclusive of delivery charges, which may be added to the price of the goods on confirmation of the delivery address and prior to you making payment, and before the contract of sale comes into force.
We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
Every effort will be made to ensure that the prices shown on the website are accurate at the time you place your order. If it is found that a price has been incorrectly quoted, the correct price will be notified to you as soon as possible and you will be offered the option of reconfirming your order at the correct price or cancelling your order.
Where the goods are supplied for export from the EU, you will be responsible for complying with all applicable laws and regulations governing the importation of the goods into the country of destination and for the payment of any import duties or taxes which are levied on them.
6. Payments
You must, during the checkout process, pay the price of the goods you order and any applicable delivery charges.
Payments may be made by any of the permitted methods specified on our website from time to time.
If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the goods ordered and/or by written notice to you at any time cancel the contract of sale for the goods.
If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
- an amount equal to the amount of the charge-back;
- all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
- an administration fee of GBP 25.00 including VAT; and
- all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6 (including without limitation legal fees and debt collection fees), and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.
7. Deliveries
Our policies and procedures relating to the delivery of products are set out in our delivery and returns policy.
8. Distance contracts: cancellation right
Our policies and procedures relating to your cancellation right are set out in our delivery and returns policy.
9. Warranties and representations
You warrant and represent to us that:
- you are legally capable of entering into binding contracts;
- you have full authority, power and capacity to agree to these terms and conditions;
- all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
- you will be able to take delivery of the goods in accordance with these terms and conditions and our delivery policy.
We warrant to you that:
- we have the right to sell the goods that you buy;
- the goods we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
- you shall enjoy quiet possession of the goods you buy, except as specified in these terms and conditions;
- the goods you buy will correspond to any description published on our website; and
- the goods we sell to you are authentic originals, not reprints or reproductions (unless otherwise stated). The terms of the authenticity warranty are as follows:
- The authenticity warranty does not apply where scholarship has developed since the date of the sale, leading to a change in generally accepted opinion relevant to the product. Further it does not apply if the description at the time of sale either matched the generally accepted opinion of experts at the date of the sale or drew attention to any conflict of opinion.
- The authenticity warranty does not apply if the item can only be shown not to be authentic by a scientific process which, on the date we published the item description, was not available or generally accepted for use, or which was unreasonably expensive or impractical, or which was likely to have damaged the goods.
- The authenticity warranty does not apply to goods purchased via a third party platform or wholesale agent, rather than directly through Rock Paper Film Limited.
- The benefit of the authenticity warranty is only available to the original buyer shown on the invoice for the goods issued at the time of the sale and only if the original buyer has owned the item continuously between the date of sale and the date of claim. It may not be transferred to anyone else.
- At our option, we may require you to obtain the written opinions of two recognised experts in the field mutually agreed by you and us in advance confirming that the item is not authentic. If we have any doubts, we reserve the right to obtain additional opinions at our expense.
- In order to claim under the authenticity warranty, you must give us written details including full supporting evidence of any claim and, with our agreement, return the item to us in the condition it was in at the time of the sale.
- Your only right under this authenticity warranty is to cancel the sale and receive a refund of the purchase price (including any shipping costs) paid by you to us. We will not, in any circumstances, be required to pay you more than the purchase price nor will we be liable for any other damages or expenses.
- the goods you buy will be of satisfactory quality, taking into account that they are vintage items, and will be sold as described on our website at the time of sale.
All of our warranties and representations relating to the supply of goods are set out in these terms and conditions. Subject to Section 10, all other warranties and representations are expressly excluded.
10. Limitations and exclusions of liability
Nothing in these terms and conditions will:
- limit or exclude any liability for death or personal injury resulting from negligence;
- limit or exclude any liability for fraud or fraudulent misrepresentation;
- limit any liabilities in any way that is not permitted under applicable law; or
- exclude any liabilities that may not be excluded under applicable law, and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions.
The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions:
- are subject to paragraph one of this Section 10; and
- govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
We will not be liable to you for any deterioration of the goods, however occasioned, after the sale.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
Our aggregate liability to you in respect of any contract to purchase goods from us under these terms and conditions shall not exceed the total amount paid and payable to us under the contract.
11. Order cancellation
We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:
- you fail to pay, on time and in full, any amount due to us under that contract; or
- you commit any material breach of that contract.
You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any material breach of that contract.
We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of goods, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.
12. Consequences of order cancellation
If a contract under these terms and conditions is cancelled in accordance with Section 11:
- we will cease to have any obligation to deliver goods which are undelivered at the date of cancellation;
- you will continue to have an obligation where applicable to pay for goods which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the goods); and
- all the other provisions of these terms and conditions will cease to have effect, except that Sections 1, 10, 15, 16, 17, 18, 19 and 20 will survive termination and continue in effect indefinitely.
13. Scope
These terms and conditions shall not constitute or effect any assignment or licence of any copyright or intellectual property rights in the goods.
These terms and conditions shall not govern the provision of any services by us or any third party in relation to the goods (other than delivery services).
14. Variation
We may revise these terms and conditions from time to time by publishing a new version on our website.
A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
15. Assignment
You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
16. No waivers
No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
17. Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
18. Third party rights
A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party. The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
19. Entire agreement
Subject to Section 10, these terms and conditions, together with our delivery and returns policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our goods and shall supersede all previous agreements between you and us in relation to the sale and purchase of our goods.
20. Law and jurisdiction
These terms and conditions shall be governed by and construed in accordance with English law. Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.
21. Statutory and regulatory disclosures
We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
These terms and conditions are available in the English language only.
The website of the European Union's online dispute resolution platform is available at https://webgate.ec.europa.eu/odr/main. The online dispute resolution platform may be used for resolving disputes.
22. Our details
This website is owned and operated by Rock Paper Film Limited.
We are registered in England and Wales under registration number 10816464, and our registered office is at 44 Manor Road, Walton on Thames, Surrey, United Kingdom, KT12 2PF.
You can contact us:
- by post, using the postal address given above;
- using our website contact form;
- by telephone, on the contact number published on our website from time to time; or
- by email, using the email address published on our website from time to time.
23. Copyright
The copyright subsisting in all images and other materials produced for the sale of the goods is owned by us and such images and materials may only be used with our permission. We will have the right to use such images in our own discretion after the sale of the goods. During the period in which the goods are protected by copyright, the copyright remains with its author (or any person to whom that right has been assigned). You are purchasing the goods, but not the right to produce copies of the goods (including photographs thereof) for publication. If such rights are sought, you should contact the copyright owner.