Terms of Sale
1. These terms
1.1 What these terms cover. These are the terms of sale on which we supply images to you via our website at ncap.org (the “Website”).
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide items to you, how you and we may change or end our contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss at our contact details below.
These terms of sale were last updated on 16 July 2024.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- you are an individual; and
- you are buying items from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer, these terms constitute the entire agreement between you and us in relation to your purchase. You agree that our products are not for re-sale or distribution. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this contract.
2. Information about us and how to contact us
2.1 Who we are. We are Historic Environment Scotland Enterprises Limited (“HESE” or “we” or “us”), a company incorporated in Scotland with registered number SC510997 and having its registered office at Longmore House, Salisbury Place, Edinburgh, EH9 1SH. We are a wholly-owned subsidiary of Historic Environment Scotland (“HES”), an executive non-departmental public body incorporated and established under the Historic Environment Scotland Act 2014 being a registered charity (Scottish Charity number SC045925) and having its principal office at Longmore House, Salisbury Place, Edinburgh, EH9 1SH. Our registered VAT number is GB 221 8680 15.
2.2 NCAP is the National Collection of Aerial Photography. It is one of the largest collections of aerial imagery and associated records in the world. NCAP is part of HES.
2.3 How to contact NCAP. You can contact NCAP by telephoning our customer service team at +44(0)131 651 6821, emailing ncap@hes.scot or writing to:
The National Collection of Aerial Photography
Historic Environment Scotland
Unit 3, Seven Hills Business Park
41 Bankhead Crossway South
Edinburgh EH11 4EP
United Kingdom
2.4 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.5 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
2.6 Complaints. If you have any questions or complaints about products purchased through the Website, please contact us. You can telephone our customer service team at +44(0)131 651 6821 or write to us at ncap@hes.scot. Our Complaints Handling Procedure explains what you can expect from us.
3. The Website and its content
3.1 The Website is owned and operated by Historic Environment Scotland.
3.2 All elements of the Website are protected by copyright, moral rights, trademark and other laws relating to the protection of intellectual property.
3.3 The Website is intended for customers of NCAP. You may not use the Website for any purpose not related to your business with NCAP. You are specifically prohibited from downloading, copying or re-transmitting any or all of the Website or its content without, or in violation of, a written licence or agreement with us.
4. The Images
4.1 Images. The Website allows you to order photographic images, aerial photography images, and images of records, documents and data (the “Images”).
4.2 Image quality. Image quality and resolution will vary depending on the age, quality, condition, format and size of the original image or document. We endeavour to create the highest quality images from the original as possible.
5. Prices for the Images
5.1 Where to find the price for an Image. The price of an Image (which excludes VAT) will be the price indicated on the Website when you placed your order.
5.2 Incorrect prices. We take all reasonable care to ensure that the price of the Image advised to you is correct. However, it is always possible that, despite our best efforts, some of the Images we sell may be incorrectly priced. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Images provided to you.
5.3 Overseas orders. As we are a UK organisation, all charges shown on the Website are in Pounds Sterling. If you are placing an order from overseas, your card issuer may convert the charge into your local currency.
5.4 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we confirm acceptance of your order, we will adjust the rate of VAT that you pay, unless you have already paid for the Image in full before the change in the rate of VAT takes effect.
6. Our contract with you for online orders of Images
6.1 How to make an online order. When you purchase an Image on the Website you will be guided through the process of placing an order by a series of simple instructions.
6.2 Payment. To complete the online ordering process, you will be required to make a credit or debit card payment for the Image(s) you wish to purchase and payment will be taken automatically at that time.
6.3 Your acceptance of these terms. You will be deemed to have accepted these terms when you submit your order and no variation of these terms shall be effective unless agreed in writing with us.
6.4 Our acceptance of your order. Our acceptance of your order will take place when we email you to confirm acceptance your order, at which point a contract will come into existence between you and us, which will incorporate these terms and also be subject to the licence applying to the Images you have ordered.
6.5 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the Image you have ordered. This might be because the Image is not currently available, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Image or for any other legitimate reason. We reserve the right to refuse any order for Images at our discretion and we will have no obligation to provide you with any reasons for so refusing.
6.6 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
7. Delivery of your online orders of Images
7.1 Delivery. A link that will allow you to download the Image(s) you have ordered will be contained in the acceptance email. The email will contain a link for you to download the Image(s) which will be valid for 7 days after which it will expire and it cannot be re-sent. Under our contract, delivery of the Image(s) you have ordered is deemed to have taken place when that acceptance email is sent.
7.2 Images will be supplied in the format and size detailed in your order.
8. Your licence and how you can use the Images
8.1 Use of Images is subject to the applicable licence. Images may only be used in accordance with the applicable licence.
8.2 Licence types. When you place an order for an Image you will choose the licence that applies to your purchase. The available licences are:
- Personal licence;
- Educational licence; and
- Commercial licence.
Information on each type of licence can be found by clicking this link to Licensing information.
8.3 How you will receive your licence. If your order is accepted by us we will send you an email confirming your order. Your download licence will be attached to that email. Your licence will commence at the time the email is sent.
8.4 You must credit the source of the Images. When you print, publish, exhibit or broadcast an Image, you must include the following credit line: “National Collection of Aerial Photography: [Image Reference]. All rights reserved.”. Any alterations to this credit line must be approved in writing by NCAP (contact ncap@hes.scot). If you fail to credit the Image as specified or agreed we may revoke your licence to use the image and order that you take down the image.
8.5 Uses beyond those permitted under a licence. If you wish to use an Image other than as permitted under the applicable licence, you must obtain our consent before you do so. We may require you to enter into a separate licence agreement as a condition of us granting our consent.
9. Your right to cancel or reject the Images
9.1 Your right to cancel an order for Images if you are a consumer. If you are a consumer, under the consumer protection laws you have rights to cancel your order if you change your mind. As long as you have not downloaded the Image, you may cancel an order for an Image provided you do so within 14 days from the time the contract between you and us comes into existence (i.e. within 14 days of the date that we send our acceptance of your order). It is important to note that, by downloading the Image we have made available to you, you waive, and so lose, this right to cancel (downloading includes viewing the Image).
9.2 Your right to cancel an order for Images if you are a business customer. You may only cancel an order for an Image and request a refund if we have not yet delivered the Image you have ordered to you. Delivery takes place when we send an email to you confirming acceptance of your order and making the Image available for you to download. No refund will be provided if delivery has already taken place.
9.3 How to cancel. If you wish to cancel an order for Images, please call our customer services on +44(0)131 651 6821 or email us at ncap@hes.scot
9.4 Your rights and remedies if you are a consumer. We honour our legal duty to provide you with products that are as described to you on the Website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens
Advice website www.citizensadvice.org.uk
(a) The Consumer Rights Act 2015 says that digital content must be as described, fit for purpose and of satisfactory quality.
(b) If your digital content is faulty, you are entitled to a repair or a replacement.
(c) If the fault cannot be fixed, or if it has not been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
(d) If you can show the fault has damaged your device and we have not used reasonable care and skill, you may be entitled to a repair or compensation.
9.5 Your rights and remedies if you are a business customer. We warrant that on delivery any products which are goods shall:
(a) conform with their description;
(b) be free from material defects;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by us.
9.6 Reporting faults or problems with Images. The Images we deliver to you are deemed to have been received complete and correctly, without corruption and in good condition, unless we receive written or email notification of any delivery failure, discrepancy, corruption or damage within 7 days of delivery. Please report faults or problems by calling our customer services on +44(0)131 651 6821 or emailing us at ncap@hes.scot Please provide your name, address, details of the order and your phone number and email address.
9.7 Rectifying problems. We will do our best to rectify faults or problems as quickly as possible. If we provide replacement Images to you, these terms and the licence issued to you in respect of the original Images shall apply to the replacement Images. In the event that we cannot rectify issues with Image(s) provided, we will offer you a refund.
9.8 How we will refund you. If you are entitled to a refund under these terms, we will refund you by the method you used for payment.
9.9 When your refund will be made. We will make any refunds due to you as soon as possible.
10. Our rights to make changes and withdraw
10.1 We may withdraw any Images from the Website at any time. Where we have not sent you an email order confirmation in respect of such Images creating a contract between you and us, we will not be liable to you by reason of our withdrawing any Images from the Website.
10.2 Minor changes to the Images. We may make minor changes to the Images:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements.
These changes will not affect your use of the product.
10.3 Withdrawing Images. There may be circumstances where Images are withdrawn from the Website and/or Images previously made available are removed from public access. Please refer to the section titled “Report an Image” in the Website Use Terms and Conditions for further information. We will not be liable to you by reason of our removing any Images from the Website whether temporarily or permanently.
10.4 Changing information on the Website. We reserve the right to change, modify, remove or substitute without notice any information shown on the Website (including these terms) so you are advised to check the current prices listed on the Website and check these terms whenever you submit an order.
11. Termination of your licence
11.1 Termination of your licence. If you print off, copy, download, share or repost any Website content or Images without obtaining a licence or in breach of the terms of your licence, your licence will automatically terminate and your right to use the Images will end immediately and you must, at our option, return or destroy any copies of the Images you have made.
11.2 Our right to claim compensation. Any use of the Website content or Images in the absence of a licence or in breach of the licence terms may constitute an infringement of copyright and also a breach of these terms which may entitle us to claim damages.
11.3 You must indemnify us. You must indemnify us in respect of any claims, damages, costs or expenses we incur arising from any reproduction of any content or Image you obtain from the Website.
11.4 Lapse of your licence. Your licence will also automatically terminate after a certain amount of time and in certain circumstances. Please refer to your licence for details.
11.5 Your obligations on termination of your licence. If your licence terminates, you must permanently destroy or delete from your computer and your system and any computer or system controlled by you all copies of the Images and, at our request, provide us with evidence of any such deletion/destruction.
12. Our responsibility for loss or damage suffered by you if you are a consumer
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clauses 9.5 or 9.6 above.
12.3 We are not liable for business losses. If you are a consumer, we only supply the Images to you for domestic and private use. If you use the Images for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 13.
13. Our responsibility for loss or damage suffered by you if you are a business customer
13.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation; or
(c) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
13.2 Subject to clause 13.1:
(a) we shall not be liable to you, whether in contract, negligence, breach of statutory duty, or otherwise, for any loss of profit, loss of business, loss of business opportunity or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, negligence, breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.
14. How we may use your personal information
14.1 How we will use your personal information. We will only use your personal information as set out in our Privacy Notice.
15. Other important terms
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.4 Your right to use our name. You may not use the names 'NCAP’, ‘Historic Environment Scotland’ or ‘Historic Environment Scotland Enterprises Limited' or any similar name in any manner in connection with any Image, except as expressly set out in these terms or as agreed in writing by us.
15.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.6 Even if we delay in enforcing this contract or a licence, we can still do so later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or that we have waived the right to enforce these terms or the terms of a licence and it will not prevent us taking steps against you at a later date.
15.7 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by Scots law and you can bring legal proceedings in respect of the products in the Scottish courts. If you live in England or Wales, you can bring legal proceedings in respect of the products in either the Scottish or the English & Welsh courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the Scottish courts.
15.8 Which laws apply to this contract and where you may bring legal proceedings if you are a business customer. If you are a business customer, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Scotland and the courts of Scotland shall have exclusive jurisdiction to settle any such dispute or claim.
15.9 Overseas orders. The Website and these terms have been designed for use within the United Kingdom. Whilst we will accept orders from outside the United Kingdom, we give no warranty, express or implied, that the Website or the placing of any order through the Website from outside the UK complies with any applicable non-UK laws or regulations. Accordingly, any services not permitted under your local law are not offered to you. We reserve the right to refuse any order at our discretion from overseas customers and we will have no obligation to provide you with any reasons for refusing an order.