Terms and conditions

This page together with our Privacy Statement (Privacy Statement) and any other documents referred to within these terms and conditions tell you information about us and the legal terms and conditions on which we sell any of the products listed on our Websites to you.

These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our Sites.

Please tick the box marked 'I accept these Terms and Conditions' during the order checkout process, if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our Sites.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in clause 12. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 10 February 2016.

These Terms, and any Contract between us, are only in the English language.

  1. Terms
    1. These Terms (Terms) are between the National Library of Scotland (the Library) and You (You) for the supply of Products.
    2. We, Us, Our, and the Library means National Library Of Scotland (the Library), constituted under the National Library of Scotland Act 2012 for the general management and control of National Library of Scotland (a registered Scottish charity in terms of section 13(2) of the Charities and Trustees Investment (Scotland) Act 2005 with registered charity number SC011086, charity name 'National Library of Scotland') having its offices at George IV Bridge Edinburgh EH1 1EW. Our VAT number is 345 2674 49.
    3. You and Your (You) means the individual (Consumer) or organisation (Business) ordering Products from the Library.
    4. We operate the websites http://www.nls.uk, http://maps.nls.uk, http://movingimage.nls.uk, http://digital.nls.uk, http://shop.nls.uk and https://auth.nls.uk (Websites).
    5. 2013 Regulations means the Consumer Contracts Regulations (2013).
    6. Distance Contract has the meaning as outlined by section 5 of the 2013 Regulations.
    7. Intellectual Property means copyright, trademarks, trade names, design rights, and any and all further intellectual property rights, whether registered or unregistered, now known or created in the future.
    8. Unless otherwise specified, references in these Terms to the singular include the plural and vice versa.
  2. Products
    1. Products and Order mean any product using, or reproduction or image copy of or containing, (a) Library collection content item(s) that is requested by You from Us, whether in person, by email or other means of communication, or on Our Websites. This includes, but is not limited to, prints, posters, downloads, electronically retrievable files, and digital files supplied on other media, such as CDs or DVDs.
    2. The images of the Products on our Sites are for illustrative purposes only. Although we have made every effort to display colours and characteristics accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from the images.
    3. The packaging of the Products may vary from that shown on images on our Sites.
    4. We reserve the right to refuse to make any Product that you have requested if to do so would be harmful to any material or to any person or if there are legal, contractual or related obligations that prevent us from copying or making available the material.
    5. Any Products that we supply may use copies of material from our collections and will normally reflect the quality, style, colouring and so on of the original, so far as is practicable to replicate. Any inherent defects in originals, such as scratches, blemishes, or incompleteness, may be present in duplicates and Products. Original materials in our collections vary in quality and this may be reflected in duplicates and Products.
  3. Ordering
    1. Products are ordered by completion of the relevant form on paper or on Our Websites or by communication with the Library.
    2. The Library reserves the right to cancel any Order where You have not supplied sufficient requested information for the Order to be completed.
    3. The Library reserves the right to refuse to complete any Order due to conservation, technical or legal (including copyright and data protection) reasons.
    4. For any Order (or part thereof) that the Library is unable to fulfil You will not be charged.
    5. If You are a Consumer:
      1. You may only purchase Products from Our Websites if you are at least 18 years old.
      2. You have legal rights in relation to Products that are faulty or not as described. Advice about Your legal rights is available from Your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
    6. If You are a Business or are ordering on behalf of a Business You confirm that you have authority to bind any Business on whose behalf You purchase Products from Us.
  4. Orders on Our Websites
    1. This section 4 applies only to Orders made on Our Websites and not to Orders made in person, by email, or otherwise.
    2. For ordering guidance please read Our how to order page on the relevant website. Please take the time to read and check Your Order at each stage of the ordering process.
    3. When We receive Your Order the Library will send to You an e-mail acknowledging that We have received Your Order. We may also send to You an e-mail confirming the charges payable by You if these were not pre-established before You placed your Order. This does not mean that Your Order has been accepted. Our acceptance of Your order will take place as described in clause 4.4.
    4. We will confirm acceptance of Your Order by sending to You an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Dispatch Confirmation will contain any download links for accessing electronically retrievable Products and so will simultaneously constitute delivery of such Products. The Contract between the Library and You will be formed when we send to You the Dispatch Confirmation.
  5. Charges
    1. The Library’s prices vary. The Library reserves the right to charge the full appropriate price to You where a lower price has been quoted at the time of Ordering due to incomplete or inaccurate information supplied by You.
    2. All Orders for Products, where appropriate, are subject to VAT payable by You. Any VAT stated will be at the applicable current rate chargeable in the UK. If the rate of VAT changes between the date of Your Order and the date of delivery, we will adjust the VAT You pay, unless You have already paid for the Products in full before the change in VAT takes effect.
    3. All Orders for Products that are delivered to You by post are subject to delivery charges payable by You.
    4. Orders for Products may be subject to a handling charge payable by You, a licence or permission fee payable by You, and/or a bank charge payable by You.
    5. Where payments under the above clauses 5.2-5.4 are payable by You these are to be outlined on the Order form as appropriate. Where any of these payments are excluded due to incorrect or inaccurate information supplied by You, the Library reserves the right to make such charges payable by You.
    6. Charges outlined in the above clauses 5.2-5.4 may not be included in the reproduction, copying or Product creation charge.
    7. Where incorrect or incomplete payments are made the Library reserves the right to cancel the Order.
    8. In the case of Orders other than Distance Contract Orders, the Library reserves the right to charge You a cancellation fee equal 50% of the total cost of Your Order where You cancel any Order already begun by the Library.
    9. You may be liable for a penalty charge if you fail to return any Product provided for hire by the agreed date.
    10. The Library sells a large number of Products. It is always possible that, despite Our reasonable efforts, Products may be incorrectly priced from time to time. If We discover an error in the price of the Products You have ordered We will inform You of this error in writing and we will give You the option of continuing to purchase the Product at the correct price or cancelling Your order. We will not process Your order until We have Your instructions. If We are unable to contact You using the contact details You provided during the order process, We will treat the Order as cancelled. Where a pricing error is obvious and unmistakeable and could reasonably have been recognised by You as a mispricing the Library is not obliged to provide the Products to You at the incorrect price.
  6. Payment
    1. Payments for Orders made through Our Websites must be by credit or debit card. We accept PayPal, Visa, Mastercard and debit cards containing a Visa or Mastercard logo.
    2. Unless agreed with the Library at the time of ordering, payment in full, including any charges, is to be made at the time of ordering and/or in advance of delivery.
  7. Delivery and Collection
    1. Products delivered by post will be dispatched to You by an appropriate postal service or other delivery service at an appropriate rate. Delivery charges are calculated at the time of purchase of the Products.
    2. International delivery
      1. We can deliver Products by post worldwide, with reasonable restrictions as noted on Our Websites. The Library cannot deliver prints larger than A1 outside the UK.
      2. Your Order may be subject to import duties and taxes which are applied when the delivery reaches its destination. The Library has no control over these charges and cannot predict their amount.
      3. You will be responsible for payment of any such import duties and taxes. Please contact Your local customs office for further information before placing Your order.
      4. You must comply with all applicable laws and regulations of the country for which the Products are destined, whether electronically or by post. We will not be liable or responsible if You break any such law.
    3. At the time of ordering, or in the Dispatch Confirmation in the case of Orders made through Our Websites, You will be informed of the estimated time of completion for Your Order. This relates to work done at the Library and does not relate to delivery of Products by post. As outlined in the 2013 Regulations, We will complete all Distance Contract Orders without undue delay and arrange for delivery of Products within 30 (thirty) days except where agreed otherwise with You or as outlined in the below clause 7.4.
    4. The Library reserves the right to delay completion and/or delivery of any Products where such delay results from inaccurate or incomplete information provided by You.
    5. The Library is not liable or responsible for any delay, damage, or non-delivery of Products by any postal service or other delivery service, including, where applicable, so far as is permissible under the 2013 Regulations for Distance Contract Orders. Products delivered by post as a Distance Contract Order remain the risk of the Library during delivery until they come into Your possession.
    6. Products ordered on Our Websites and delivered electronically
      1. Your Order will be fulfilled within a reasonably expedient period of time from the date of payment by delivery of a download link enabling electronic retrieval of each Product. The download links will be delivered by the Delivery Confirmation email. If We are unable to fulfil the delivery because of a Force Majeure Event (as defined in section 15), We will contact you with a revised estimated delivery date.
      2. Delivery will be completed when We deliver the download links for the electronically retrievable Products to the email address You gave us.
      3. The download links will be active for 30 consecutive days from the date on which the Dispatch Confirmation is sent. You must retrieve Your Product via the download link within this period. After this period you will not be able to retrieve the Product.
    7. If You have any concerns about Your Order or Your Product(s) You must contact the Library within 60 (sixty) days of receipt of Your Products. The Library will treat any query, change, or otherwise made after this period as a new Order and new charges and/or conditions may be made. Communication with the Library should be by the methods outlined in section 14 below.
    8. If You have any queries about an Order or Product(s) that have not been delivered, You must contact the Library within 60 (sixty) days of completing Your Order. The Library will treat any query made after this period as a new Order and new charges and/or conditions may be made. Communication with the Library should be by the methods outlined in section 14 below.
    9. Upon completion of delivery You will own the Product and the Library will cease to be responsible for the Product.
    10. Where You arrange to collect Products from Us, the Library reserves the right to destroy or use for other purposes any Products You do not collect within 30 (thirty) days of being produced by the Library. Where this occurs, the Library will not issue any refund and reserves the right to treat any query or collection attempt made after this period as part of a new and separate Order to which new fees and related shall apply.
    11. We use Royal Mail to deliver Products in the UK. Please see the Royal Mail website for further information about what happens if we can't deliver your Products (http://www.royalmail.com/personal/help-and-support/what-happens-if-you-cant-deliver-something).
  8. Refunds and Returns of Distance Contract Orders
    This section 8 applies ONLY to Orders for Products meeting the criteria of a Distance Contract as set out by the 2013 Regulations.
    1. Subject to clauses 8.2 and 8.3 below, You have a legal right to cancel a Distance Contract Order and claim a full refund. Your right to cancel begins when the Library sends to You a dispatch confirmation email when the contract between You and the Library is completed. If Products have already been delivered to You, You have a period of 14 (fourteen) days from the day on which the Products are delivered to You in which You may cancel.
    2. Pursuant to the 2013 Regulations, the right to cancel in this section 8 does not apply in the case of any Products made to Your specification or clearly personalised, including but not limited to bespoke copies, prints, or images.
    3. Where You order (a) digital download or electronically deliverable Product(s) You agree to waive Your right to cancel the Order, as outlined in the 2013 Regulations, based on the fact that such Orders are delivered within the 14 day cancelation period.
    4. To cancel an Order communication with the Library must be by the methods outlined in section 10 below.
    5. If the Products were delivered to You, You must return them as soon as reasonably practicable. You must maintain possession and reasonable care of the Products. You are responsible for the cost of returning the Products to the Library.
    6. You will receive a full refund of the price and any charges You paid for the Products. We will process the refund due to You as soon as possible and, in any case, within 14 (fourteen) days of the day on which we receive the returned Products or where You provide evidence of having returned the Products.
  9. Intellectual Property
    1. The Library respects all copyright and other Intellectual Property as laid out in laws applicable in Scotland.
    2. You agree to abide by UK copyright and Intellectual Property legislation. You must determine whether Products You Order comply with Intellectual Property legislation. The Library does not accept responsibility for determining or verifying Intellectual Property in Products You Order.
    3. Where You determine content is protected by copyright or other Intellectual Property rights and You obtain permission to copy outwith the stated exceptions from the correct rights holder(s), You must provide to the Library, at the point of ordering, original written permission from the rights holder(s). Such original documentation may be retained by the Library.
    4. The Library retains any and all Intellectual Property rights owned by the Library, including copyright, where arising in the Products. Reproductions and copies used in or for Products, unless otherwise specified, are protected by copyright.
    5. Purchase of a Product, payment of a reproduction or copying fee, or completion of an Order without a separate licensing agreement does not constitute or imply the licensing of any Intellectual Property.
    6. You will not own any copyright, trademarks, trade names or any other Intellectual Property in the Products.
    7. You may not license, distribute, copy or otherwise reproduce, publish, use or exploit, whether commercially or not, any Product, whole or part, without obtaining prior written consent or licence from the Library, except where Products are supplied to You with specific terms to the contrary.
  10. Our Liability if You are a Business
    1. This section 10 applies only if You are a Business or You are making an Order on behalf of a Business.
    2. Except where You agree with the Library a licence for commercial use, We only supply Products for internal use by Your Business and You agree not to use the Product for any re-sale purposes.
    3. Nothing in these Terms limit or exclude Our liability for:
      1. death or personal injury caused by Our negligence;
      2. fraud or fraudulent misrepresentation;
      3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
      4. defective products under the Consumer Protection Act 1987.
    4. Subject to the above clause 10.3, We will under no circumstances whatever be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Terms for:
      1. any loss of profits, sales, business, or revenue;
      2. loss or corruption of data, information or software;
      3. loss of business opportunity;
      4. loss of anticipated savings;
      5. loss of goodwill; or
      6. any indirect or consequential loss.
    5. Subject to clause 10.3 and 10.4, Our total liability to You in respect of all other losses arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
    6. Except as expressly stated in these Terms, We do not give any representations, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, We will not be responsible for ensuring that the Products are suitable for Your purposes.
  11. Our Liability if You are a Consumer
    1. If We fail to comply with these Terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breach of these Terms or Our negligence. Loss or damage is foreseeable if such was an obvious consequence of Our breach or such was contemplated by You and Us at the time we entered into contract under these Terms.
    2. Except where You agree with the Library a licence for commercial use, We only supply Products for domestic and private use. You agree not to use the Product for any commercial, business or re-sale purposes where this is not directly licenced.
    3. We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    4. We do not in any way exclude or limit Our liability for:
      1. death or personal injury caused by Our negligence;
      2. fraud or fraudulent misrepresentation;
      3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
      4. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
      5. defective products under the Consumer Protection Act 1987.
  12. Right to Vary Terms
    1. The Library reserves the right to make changes to these Terms from time to time.
    2. Your Order is subject to the Terms in place at the time You begin Your Order.
    3. Up to date Terms identifying the date of last update under this section 12 will be posted on Our Websites and will be available upon request on paper or by email.
  13. Privacy
    1. The Library only uses Your personal information in accordance with our Privacy Statement. Please see our Privacy Statement for further details.
  14. Communication
    1. Where referred to in these Terms, communication with the Library should be in writing either by email or by prepaid post.
      1. Email communication should be sent to maporders@nls.uk for map orders, movingimage@nls.uk for moving image and film orders or copyorders@nls.uk for all other orders
      2. Pre-paid postal communication should be sent to National Library of Scotland, George IV Bridge, Edinburgh, EH1 1EW, UK.
    2. Email communication will be determined to be delivered 1 (one) working day after the day of sending.
    3. Postal communication will be determined to be delivered 3 (three) working days after the day of posting.
    4. In proving the service of any notice, it will be sufficient to prove, in the case of communication by post, that such was properly addressed, stamped and placed in the post and, in the case of communication by email, that such was sent to the specified email address of the addressee. The provisions of this Clause shall not apply to the service of any proceedings or other documents in any legal action.
    5. Working days means any day other than a Saturday, a Sunday or a day defined by the Banking and Financial Dealings Act 1971 (as amended) as a bank holiday in Scotland.
  15. Force Majeure
    1. The Library will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms due to events beyond Our control (Force Majeure Events), including but not limited to Acts of God, war, labour dispute, lockout, infrastructure disruption, transport disruption, or government sanction.
    2. If a Force Majeure Event takes place that affects the performance of Our obligations under these Terms:
      1. We will contact You as soon as reasonably possible to notify You; and
      2. Our obligations under a these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Force Majeure Event. Where the Force Majeure Event affects Our delivery of Products to You, We will arrange a new delivery date with You after the Force Majeure Event is over.
  16. Entire Agreement
    1. These Terms along with any document expressly referred to in these Terms constitute the entire agreement and understanding between You and the Library and supersede all previous communications and agreements between You and the Library regarding the subject matter of these Terms.
  17. Obligation and Transfer
    1. These Terms are between You and the Library. No other party shall have any rights to enforce any of its terms.
    2. The Library may transfer Our rights and obligations under these Terms to another party, but this will not affect Your rights or Our obligations under these Terms.
    3. If We fail to insist that You perform any of Your obligations under these Terms, or if We do not enforce our rights against You, or if We delay in doing so, such will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and such action will not mean that We will automatically waive any later default by You.
  18. Severability
    1. If and to the extent that any of the terms, provisions, sections or clauses of these Terms shall be determined to be invalid, unlawful or unenforceable, then such term, provision, section or clause shall to that extent be deemed not to form part of these Terms and accordingly shall be deleted from the remaining terms and provisions of these Terms which shall continue to be valid.
  19. Governing Law
    1. These Terms are governed by the laws of Scotland and all disputes arising in any way out of or affecting these Terms shall be subject to the exclusive jurisdiction of the Scottish Courts, to which the parties (the Library and You) agree to submit.