Agreement
This agreement is a legal document which sets out your rights and obligations, and those of Image Archive Gallery, in relation to purchases from this on line gallery. By using this site you agree to the terms of this agreement. Every sale shall be deemed to be performed in England. English law shall govern each transaction, including (without limitation) all contractual and other relationships, which arise as a result of such sales. You and we submit to the non-exclusive jurisdiction of the English courts in relation to any disputes arising out of any sale.
You must in using this site agree to using your correct name, address and any other requested details. You may be asked to enter credit, debit or charge card details. You must ensure that you are fully entitled to use that card at the time when you provide those details to Image Archive Gallery, and when you use the card, that the card has available funds to cover all charges incurred on it in the course of buying from us. If any of the information you enter becomes incorrect or is superseded, then please notify us with the corrected information immediately.
In using the services of Image Archive, you must legally be able to enter into contracts for goods and services that you may buy here. Generally, this means that you must be at least 18 years old.
Image Archive Gallery reserves the right to suspend or terminate any members account which, is, or appears to us in our absolute discretion, to be, in breach of any of the provisions of this agreement. We reserve the right at all times and at our sole discretion to refuse to accept any order.
Charging & Purchasing
Your credit or debit card will be charged when you place your order through PayPal’s secure payment system. The prices on this site are quoted in UK sterling, and are only valid and effective in the UK. Payments can only be made in UK sterling. The prices include VAT at the current rate as set by the UK government. VAT is charged on all goods and services where applicable. If you want your purchase to be delivered outside the European Union, you will automatically be responsible for paying all applicable duties.
Card Security
For your added security any credit card or debit card information you enter will be processed by PayPal’s secure checkout facility, therefore your credit or debit card data will not be accessed by any person or persons within Image Archive Gallery.
Product and Descriptions
Descriptions of goods and services included in the Image Archive Gallery site are accurate to the best of our knowledge. We do our best to correct errors or omissions as soon as we are aware of them. However, you should know that the shades and tones and appearance of images, may vary very slightly from the way they appear on the screen due to slight variations in monitors and scanners. All images are produced with borders. The images may vary slightly in size on the paper with borders being slightly different due to the format of the original negative used to create the print and the photographer’s individual interpretation and instruction as to how that image should be printed. As a general rule the borders either side of the image will be approx half an inch (approx 1.3cm) the border at the top of the image will be approx two inches (approx 5cm) and the border at the bottom of the image approximately two and a half inches (approx 6.35cm). If you need to know the precise dimensions of the image and its borders on the paper, please contact us by email. Please be aware that exposure to harsh direct sunlight, over a period of time, can affect traditional photographic papers detrimentally.
Delivery
As our beautiful hand made photographs are individually made to order our goods are dispatched within 14 days of receipt of order. In the unlikely event that we are unable to meet this target we will contact you and if you are not satisfied we will accept your cancellation of the order and a refund will be made.
Damage
Our photographs are carefully and beautifully packaged in a presentation box, which is then packaged to reach you safely. In the unlikely event of damage in transit it is the customer’s responsibility to check and report this by email or telephone as soon as possible. You have 24 hours from the time of delivery to report any damage to us. It is essential that you contact us within the 24 hours in order for us to claim compensation on your behalf from the courier company. The print will need to be returned by post in its original packaging, (please obtain proof of postage), so we can inspect the damage and can make a replacement.
Copyright
The images and designs used on the Image Archive website are the property of Image Archive Gallery or their respective copyright owners, and are used by Image Archive Gallery pursuant to express authorization from copyright owners or their agents. You acknowledge that all copyright, trademarks and other intellectual property rights in and relating to Image Archive Gallery are vested in Image Archive Gallery or our partners where appropriate. You must not use, reproduce, modify or distribute our images or any part of those images in any manner, whatsoever. In the event that there is any dispute between us in relation to this issue, you agree that until the matter is resolved, you will agree to an interim injunction. An Interim injunction is a court order, which would prevent any further use or distribution of the image that we are concerned about, until a final court hearing where the court will make a decision on all the facts.
Liability
We will not be liable to you or any third party for any indirect loss or damage, or for any loss of data, profit, revenue, business or management time, howsoever caused. You also agree that the liability of Image Archive Gallery under this agreement (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of £500 or an amount equal to the sums paid or payable by you. This does not affect your statutory rights as a consumer. In the event of consequential loss, Image Archive Gallery can only be responsible for the cost of your order. Image Archive Gallery shall not be liable for any failure to perform its obligations under this agreement if caused by matters beyond our reasonable control.
Image Archive Gallery reserves the right to change the terms of this agreement from time to time, and post a new version on our website. The new version will take effect from the day of posting on the site. Price and availability information are also subject to change without notice. In the event that any term of this agreement is held to be unenforceable or invalid by judicial decree or decision, the remainder of this agreement shall remain valid and enforceable.
Data
Any information you give us during the registration or ordering process as well as any that we know about you by other means will be well protected. We also feel it is important that you know exactly how any information you give us is used and that all information is collected lawfully and in accordance with the Data Protection Act 1998. The privacy policy forms part of the agreement between us, and by purchasing goods from our site, you agree to be bound by the terms and conditions of the agreement between us. You also give your consent to the way we may handle your personal data in the way stated in this policy statement. Image Archive Gallery will not use this data, or disclose it to any other party, either during registration or at any other time, without your express permission, given during registration or at some other time.
We may also contact you in respect of special offers and updates but only if you have elected to receive this by checking the opt-in box during the registration procedure. You may unsubscribe from our contact list at any time by e-mailing us at info@imagearchivegallery.com To provide a service that meets our customer needs, we may collect data relating to the popularity and usage of particular aspects of the site or related Image Archive Gallery sites. However this data will be used or aggregated only on an anonymous basis.
