In purchasing goods from the COLOUR-RAIL website, Your agreement is with COLOUR-RAIL. All of the Content featured or displayed on the Website is owned by COLOUR-RAIL, or content providers.

Following are the terms that govern Your use of the Website and any materials available from it. Please read these terms before You continue to use the Website or purchase or download any Digital Image or place an order for other goods. Your continued use of the Website will make the terms into a binding contract between You and COLOUR-RAIL regarding such use.

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, ANY LICENSE GRANTED AND RESTRICTIONS AND LIMITATIONS RECITED HEREIN APPLY TO YOUR EMPLOYER AS WELL AS TO YOU AS A REPRESENTATIVE OF YOUR EMPLOYER. SHOULD YOU CEASE WORKING FOR YOUR EMPLOYER, YOUR EMPLOYER MAY CONTINUE TO OPERATE UNDER THIS AGREEMENT.

1. Definitions

In these terms and conditions:

1. 'COLOUR-RAIL' means P Chancellor t/a Colour-Rail
2. 'You' means a party who uses the Website or who downloads any Digital Image or purchases other products. If You use the Website or download a Digital Image or purchase other on behalf of Your employer this definition will include Your employer. You will ensure that any person supplied any Digital Image at Your request will comply with these terms, and will be personally liable to COLOUR-RAIL if such person fails to do so, as if such failure were a failure by You.
3. 'Content' means all of the content featured or displayed on the Website, including, but not limited to, Digital Images, All text, graphics, photographs, images, illustrations and software.
4. 'Digital Image(s)' means both Low Resolution Digital Imagery and High Resolution Digital Imagery available for download on the Website.
5. 'Invoice' means an invoice sent to You in accordance with these Terms and Conditions.
6. 'Reproduction' means any form of colour or black and white copying, publication, distribution or other communication to the public of the whole or part of any Digital Image whether by printing, photography, slide projection (whether or not to an audience), xerography, artist's illustration, layout or presentation, or by electronic, internet, multimedia, digital or mechanical means or by any other means. Reproduction further includes the use the whole or part of any Digital Image in the creation of another picture, which may be partly or completely different from the original Digital Image whether such difference is caused wholly or partly by computer, electronic, digital, mechanical or any other means. "Reproduce" has a corresponding meaning.
7. 'Website' means the whole or any part of the web site pages located at http://www.gardenpicture.com (including the layout of the Website, graphic design elements of the web site pages, underlying code elements and any text, graphics, sounds, animated elements or other content of the Website).

2. COLOUR-RAIL limits its liability to You

You may have certain rights and remedies available to You in relation to the provision by COLOUR-RAIL of goods and services on the Website ("Basic Rights"). Except as provided by the Basic Rights:

1. all other conditions and warranties either express or implied by custom, law or statute are excluded;
2. the Images we provide and all Content on the Website is provided without any warranties of any kind, either express or implied, other than as we expressly state.
3. COLOUR-RAIL does not warrant that Your access to the Website or the functions contained on the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and submits Content to You via the Website are free of viruses, malicious computer code transmitted on or through the Website or other harmful components;
4. COLOUR-RAIL expressly disclaims the accuracy of all descriptions and specifications of any products displayed or viewed through the Website;
5. COLOUR-RAIL expressly disclaims the currency, accuracy or completeness of any Content or any information provided by third parties on or through the Website.

Use of the Website is at Your own risk. Subject to these terms, You assume full responsibility and risk of loss resulting from Your downloading, use of, or access to data, files, information, Content, or other material on or through the Website. TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL COLOUR-RAIL BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING (BUT NOT LIMITED TO) LOSS OF PROFITS, LOSS OF OR DAMAGE TO GOODWILL OR OTHER EXPECTATION BENEFIT OR LIABILITY TO ANY THIRD PARTY, THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY CONTENT PROVIDED ON IT OR THROUGH IT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THAT SUCH DAMAGES WERE FORESEEABLE. Note: This does not limit Your Basic Rights referred to above.

3. Copyright

All Images, and other Content we provide on the Website is all subject to copyright - in the UK and elsewhere - belonging to us and to other people. Your use of the Digital Images, Except as permitted by law, You may not de-compile, reverse engineer, disassemble or otherwise reduce to human-readable form any software contained on the Website. Prior to purchase or download of any Image from the Website You must, for other than personal use, agree licence terms with Colour-Rail.

All images downloaded or purchased by You, in whatever format, are deemed to be for Your personal use unless You have registered as a Publisher or Author. Personal Use requires that you may not publish such images or use them for public display for groups in excessive of five people, copy images or image files or transmit them to others. Copyright at all times remains with Colour-Rail.

4. Whose Rules

This contract between us will be governed by and interpreted in accordance with the laws of United Kingdom.

5. Complaints

Due to the historic nature of the material supplied by Colour-Rail, no warranties, express or implied, are given in respect of the quality of the images, save that they should be commensurate with the age of the original. Refunds will only be made in respect of unsatisfactory images purchased unseen. i.e. those only available as duplicate slides. COLOUR-RAIL aims to resolve any grievance You may have before it gets to the stage of a complaint or dispute. Our intention is to keep You happy through great service and by providing timely resolution of complaints, should the occasion ever arise. To that end, COLOUR-RAIL has fair policies in place.

You should retain all order, Invoice and receipt documentation from any purchase in order to explain, authenticate and expedite any claim you might have.

If You have a complaint about our products or services please send an email to colourrail@aol.com clearly describing the circumstances of Your grievance. We will revert to You as soon as we can after investigating Your complaint or refund/return request, but at least within 5 business days from the date we receive Your email.

6. Additional Rights Available

If You are unsure of Your usage rights under this agreement, contact us by email at colourrail@aol.com.

7. Payment

Payment at the time of odering is required for all purchases made via the Colour-Rail website.

Payment for published images is due within 30 days of the date of publication unless agreed otherwise in writing by Colour-Rail. Colour-Rail reserves the right to charge interest on overdue accounts at the rate of 2% above the Bank of England base rate applicable at the time the payment becomes due. All commercial use rights will lapse for images retained without publication in excess of 12 months from the date of ordering. Any use thereafter is prohibited until issuing of a new licencing agreement.

8. Website Downloads

You must ensure that you have both the appropriate download capacity and software to receive and open the files that You order, No refunbds will be made in respect of failed downloads due to hardawre or software malfunctions or omissions on Your equipment.