On many occasions when using websites you will see a padlock symbol displayed to show that a site is deemed to be safe for you to use your credit or debit card to pay for goods. However may notice with some browsers that the Colour- Rail website shows as ‘insecure’. This does not mean that there is a problem with our security but that the site certificate does not meet the requirements set for your browser.. There is no need to be concerned when placing an order with us as, at the time you come to make a payment, so before you enter any credit card information, we automatically transfer you toa secure site where payment details are entered and you should then see the secure padlock symbol displayed. Both Colour-Rail and the transaction processor do both however have to undergo an annual audit to maintain their PCI compliance even although Colour-Rail has no access to your credit card information.
Colour-Rail holds only information on its customers that is necessary for us to process your orders, i.e. your contact details. As noted above (see security) we have no access to your credit card information as all card transactions are conducted by a certified third party. Colour-Rail retains information on all orders but any account which has been dormant for twelve months will be automatically deleted from our database. You may at any time also request immediate deletion. Colour-Rail does not share your information with any third party other than those who are involved with the delivery of your orders.
Our website does use Cookies, but only those essential for its operation e.g. measurement of the number of users. The information is not shared with any third parties and even when used within the business is completely anonymous.
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:
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
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 and Use
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. Publication of an image in any form, without the prior agreement of Colour-Rail on useage and reproduction fees will render the user, whether an individual or corporate, to a minimum charge of £50 plus VAT per image payable within 7 days of a Colour-Rail invoice being rendered.
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 excess of five people, copy images or image files or transmit them to others. Copyright at all times remains with Colour-Rail. Neither the copy images in whatever format supplied by Colour-Rail, nor duplicates made there from, may be purchased for the purpose of resale
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.
Refunds will only be given where it is proved that the image is not as described on the relevant web page, or that a delivered scan was corrupt when sent from the Colour-Rail server, or that a photographic print was not of the same quality as the image displayed on the website. Refunds for card purchases will be made within five working days of the finalisation of any claim and for postal payments by cheque within ten working days.
Due to the nature of our products, returns are not required.
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 refunds will be made in respect of failed downloads due to hardware or software malfunctions or omissions on Your equipment.