#4243 The Bishop of Winchesters House at Waltham Hampshire 1 300dpi.webp

TERMS & CONDITIONS

These Standard Terms and Conditions (Digital Downloads) form the basis on which you can engage with us and any online presence. Please read them carefully as they contain important information. Unless otherwise stated, they apply only to 365andaquarterpublishing Limited trading as AuthorScan365.

General terms and conditions

This business and its site(s) are owned and operated by 365andaquarterpublishing Ltd of Lunnon Cottage, Vowchurch Common, HEREFORD HR2 0RL. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at 365andaquarterpublishing@gmail.com or by telephone on 01981 551187.

You will be deemed to have accepted these terms and conditions unless you notify us to the contrary within 7 days of receipt.

No variation of these terms and conditions shall be effective unless agreed in writing.

All imagery shall be deemed to have been received complete and in good condition, unless we receive notification of any discrepancy or damage within 48 hours of receipt.

We reserve the absolute right and without explanation to reject license requests, orders and instructions where the proposed use is known or considered in our sole opinion to be inter alia grossly offensive, prejudicial, defamatory or of an indecent, obscene or menacing character.

1. The contract between us

We must receive payment of the whole of the price for the digital download (hereafter goods) that you order before your order can be accepted. Payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us only when the goods are dispatched. Only at this point is a legally binding contract created between us.

2. Acknowledgement of your order

To enable us to process your order, you will need to provide us with your e-mail address. We will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us.

3. Ownership of rights

All rights, including copyright, in this website are owned by or licensed to 365andaquarterpublishing Ltd. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our express permission. You may not modify, distribute or repost anything on this website for any purpose.

Digital Downloads (Goods):

All digital images remain the property of 365andaquarterpublishing Ltd. You agree to destroy all Digital Images on completion of the production run or expiry of the licence term.
Images of our collections must not be masked out, cut down or defaced. This is strictly forbidden without our prior written permission.
Copying images of our collections from any source is strictly forbidden and may incur legal action.
We cannot supply images to companies or individuals operating a photograph hire/sales service.
Under no circumstances must duplicates of images be made outside of your copyright declaration and licence conditions (draft templates reproduced below for information purposes, to be agreed at time of ordering).
Images must not be stored electronically or stored at all.
We reserve the right to refuse permission for further application from a publisher if the standard of reproduction has not been of sufficiently high quality.
All rights and permissions given are non-exclusive.
Images are lent to you for the request specified and are invoiced accordingly. The image/s must then be used for that purpose only. If a further use is required a written application must be sent to us at 365andaquarterpublishing@gmail.com.
You are not allowed to then lend the image to a third party without our explicit consent.
All reproductions must have the 365andaquarterpublishing credit line along with the artist’s name (where applicable) and title of the work. The credit line, unless otherwise stated, is ©365andaquarterpublishing.

4. Accuracy of content

We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been described accurately. However, orders will only be processed if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.

5. Damage to your computer

We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.

6. Availability

All orders are subject to acceptance and availability. If the goods you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock, accept an offered replacement (if appropriate and of same or greater value), or to cancel your order.

7. Ordering errors

You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process. Other amendments should be notified to us at 365andaquarterpublishing@gmail.com though they are accepted/rejected at our discretion. We will always try to accommodate such late requests.

8. Price

The prices payable for goods that you order are as set out on our website. All prices are inclusive of VAT at the current rates and are correct at the time of entering information.

9. Payment terms

We will take payment upon receipt of your order via Paypal or another third-party payment facility as provided from time to time. We accept no liability if a delivery is delayed because you did not give us the correct payment details including but not limited to a delivery email address. If it is not possible to obtain full payment for the goods from you, then we can refuse to process your order and/or suspend any further deliveries to you. This does not affect any other rights we may have.

Payment must be received in full before your order is processed.

10. Delivery

10.1 No delivery charges apply at the present time.

10.2 Please note that we currently only offer digital delivery.

10.3 We will deliver the goods to the electronic address you specify for delivery in your order. It is important that this address is accurate. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence).

Delivery times are not guaranteed and therefore time is not of the essence. In any event, we aim to fulfil every order within 48 hours but reserve the right to take up to fourteen days from the day after the day we received your order. If delivery is delayed beyond this time, we will contact you and either agree a mutually acceptable alternative date, or to offer you a full refund. Please see also paragraph 13.1 below.

10.4 Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction beyond the these Standard Terms and Conditions (Digital Downloads).

11. Delivery charges

Delivery charges (if any) vary according to the type of goods ordered. This is presently restricted to digital delivery and is typically free of charge.

12. Risk and ownership

Risk of damage to or loss of the goods passes to you at the time of delivery to you.

13. Cancellation rights

13.1 If you wish to exercise your legal rights to cancel a digital download you must either: (i) wait 14 days before your download arrives during which time (the ‘cooling off’ period), you may without question exercise that right to cancel and to seek a refund; or (ii) request delivery in line with our stated delivery aims (48 hours, see Paragraph 10.3) by explicitly stating that you waive irrevocably your right to cancel and to receive any such refund.

14. Cancellation by us

14.1 We reserve the right not to process your order if:

14.1.1 We have insufficient stock to deliver the goods you have ordered;

14.1.2 We do not deliver to your area; or

14.1.3 One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

14.2 If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum paid to us as using the same payment channel(s) as soon as possible, but in any event within 14 days.

15. If there is a problem with the goods

15.1 If you have any questions or complaints about the goods please contact us. You can do so at 365andaquarterpublishing@gmail.com, or by telephone on 01981 551187.

15.2 We are under a legal duty to supply goods that are in conformity with this contract and in accordance with the Consumer Rights Act 2015 (the Act) (see Paragraph 13.1 above).

*This advice is based on information provided by Which? to whom we are exceedingly grateful. Any omissions or errors are solely ours.

16. Liability

16.1 Unless agreed otherwise, if you do not receive goods ordered by you within 14 days of the date on which you ordered them and decide to cancel the order rather than re-arrange delivery (in accordance with clause 11), we will provide you with a full refund. For digital downloads, see also paragraph 13.1 above.

16.2 We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.

16.3 Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.

16.4 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. You have certain rights as a consumer including legal rights (e.g. under the Act) relating to faulty and/or misdescribed goods.

17. Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Lunnon Cottage Vowchurch Common, HEREFORD HR2 0RL and all notices from us to you will be displayed on our websites from time to time.

18. Changes to legal notices

We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.

19. Law, jurisdiction and language

This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.

20. Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

21. Privacy

You acknowledge and agree to be bound by the terms of our Privacy Policy.

22. Third party rights

Nothing in this Agreement is intended to, nor shall it confer any rights on, a third party.

23. Other important terms

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may submit the dispute for online resolution to the European Commission Online Dispute Resolution platform.

Compiled and last updated 15 January 2024

CANCELLATION FORM

To 365andaquarterpublishing Ltd, Lunnon Cottage Vowchurch Common HEREFORD HR2 0RL (telephone 01981 551187; 365andaquarterpublishing@gmail.com):

I/We* hereby give you notice that I/We* cancel my/our* contract for the sale of the following goods*/for the supply of the following service*:

Ordered on*/Received on*: ……………………………………………….

Name of consumer(s): ……………………………………………….

Address of consumer(s): ………………………………………………..............................................................................

……………………………………………….................................................................................................................

Signature of consumer(s): ……………………………………………….

Date: ……………………………………………….

*Delete as appropriate

LICENSE AGREEMENT

(DRAFT)

AN AGREEMENT made this xx day of xxxxxxx 2024

BETWEEN:

1) 365andaquarterpublishing Ltd

of Lunnon Cottage, Vowchurch Common, HEREFORD HR2 0RL

(To be known as The Licensor in this agreement)

AND

2) your name,

of your address,

both of which you agree to provide as part of your PayPal payment

(To be known as The Licensee in this agreement).

IT IS AGREED as follows:

Image

1. “The Image(s)” shall be the following photograph(s) or transparency(ies):

Reference code: to be stated

Title of Work: to be stated.

Authorised Use

2. “the Authorised Use” is restricted to:

Print or publish The Image(s) in any literary or non-literary work including but not limited to books, newspapers, magazines, periodicals, diaries, greeting cards, calendars.

Licence Fee

3.“The Licence Fee” shall be the sum of: £10 inclusive*.

Licence Period

4. “The Licence Period” shall commence on the date of this agreement and shall continue for twelve months or until the end of product (whichever is later).

Territory

5. “The Territory” (see below) shall mean United Kingdom or Worldwide as appropriate.

Grant of Licence

6. In consideration of The Licence Fee The Licensor grants to The Licensee a non-exclusive licence to use The Image(s) in accordance only with the Authorised Use (but subject to any Special Conditions declared below) throughout The Territory for the duration of The Licence Period (where specified).

Special Conditions (if any)

Undertakings

8. The Licensee undertakes as follows:

8.1 To pay The Licence Fee to The Licensor at time of ordering.

8.2 To report to The Licensor on the Authorised Use of The Image(s) as soon as reasonably possible.

8.3 To provide The Licensor with the following credit:-

8.4 Not to use, reproduce or misrepresent The Image(s) in any way which is likely to bring The Licensor into disrepute or which is defamatory of any person or offensive in manner or otherwise unlawful.

8.5 Not to transfer any of the rights granted under this agreement to any third party without the prior written consent of the licensor.

8.6 Not to copy or distribute the Image(s) nor enable the Image(s) to be copied or distributed except to the extent necessary to enable Authorised Use.

General

9. The Licensor and The Licensee agree as follows:

9.1 Any amendment or alteration to this agreement must be in writing and signed by an authorised signatory of both parties.

9.2 This agreement shall be subject to the laws of Wales and England.

Signed by:

David J. Vaughan

FOR AND BEHALF OF THE LICENSOR

AND

Signed by :

FOR AND BEHALF OF THE LICENSEE

(END OF DRAFT LICENSE AGREEMENT)