Site Terms & Conditions
These Terms and Conditions must be read in conjunction with our
Privacy and Security Policy Statement ( click
here to review the Privacy and Security Policy ). If you do not
accept the Terms and Conditions you should exit this website.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE.
Terms and Conditions for use of this Website
Whereas PictureCabinet Limited has been appointed by our partners "the Image Owners" to be the provider of services in connection with this Print on Demand service including the selection of image ordering purchasing and payment on-line through this website and is acting as their appointee in respect of this service the following Terms and Conditions apply.
By entering this website, and any other site accessible from this site
"you" the User accept without limitation the Terms and Conditions
"Terms" of PictureCabinet Limited "we, us our" set out herein together
with any terms and conditions that may be set out by the Image Owners
and any additional terms and conditions set out on any other related
site or in connection with any promotion or service within such sites.
If you do not accept these Terms and Conditions you should exit this
website.
PictureCabinet Limited is registered in England No. 03407309 and its
principal office is located at Cairo Studios 4 - 6 Nile Street London
N1 7RF info@memoryprints.com
1. OWNERSHIP
This website and all content
including but not limited to its design text graphics selection and
arrangement is either our Copyright © or that of the Image Owners as
appropriate and the trade marks ™ and trade names depicted are
proprietary to us or the Image Owners as appropriate. Although certain
third party copyright materials will be included on the website from
time to time the third party images, trademarks and brands may not be
reproduced or appropriated in any manner without the written
permission of their respective owners.
Use of any material contained on this website is strictly prohibited
for use on any other Internet site.
Any link established with this site shall not permit you to use our or
third party content names logos images or trademarks unless separately
agreed to in writing by the relevant rights-holder.
When this website contains links to other sites we have provided such
links for your convenience only and are not responsible for the
content of any such site linked to or from this website and we
disclaim all warranties express or implied as to the accuracy legality
reliability or validity of any content on any other site.
2. DISCLAIMER
This website and its contents are
provided without any representations or warranties of any kind either
express or implied. We disclaim all representations and warranties
including by way of example but not limitation as to fitness for a
particular purpose to the fullest extent permitted by applicable laws.
We do not represent or warrant that the information and/or facilities
accessible via this website are accurate complete or current or that
this website will be free of defects including, but not limited to
viruses or other harmful elements.
You the user assume all costs arising as a result of the use of this
website.
3. LIMITED LICENCE
You are granted a limited
licence to download material contained on this website to a personal
computer for the purpose of selecting your requirements for processing
through our on-line purchase system.
Any other uses of any or all the materials on this website including
reproduction modification distribution or republication is strictly
prohibited and is a violation of our proprietary rights. We and as the
case may be the Image Owners' suppliers, our suppliers, the Image
Owners and Licensors retain all right title interest and intellectual
property rights. You may not distribute sell or transmit any material
and you are not permitted to alter modify or adapt the material
including but not limited to translating decompiling reverse
engineering or creating derivative works of the software and all
copyright trade mark and other proprietary notices displayed on any
item must remain intact.
4. ORDER RECEIPT AND PROCESSING
All orders are
subject to these Terms and we will attempt only to offer those items
and services that are readily available at the time of order but
acceptance of order will be subject to availability. All steps during
the order process are intended to be simple and give you the
opportunity to change amend delete or correct all or any part of your
order requirements. Any specific conditions for acceptance of order
and delivery will be indicated on the relevant page or section of the
service. On placing an order you authorise us to transmit and update
information about you and to obtain from third parties other
information that will include but not be limited to your Debit or
Credit Card number Card Authorisation Validation and Authentication
and Credit Report. All information and details provided by you must be
true accurate complete and up to date. No contract shall exist between
you and us until we confirm acceptance of your order by email. We do
not store financial details (credit or debit card numbers)
5. PRIVACY AND SECURITY
We take the privacy of
all our customers and website users very seriously and take great care
with the information we obtain ( click here
to review our Privacy and Security Policy and Statement ) but we will
collect and use that data. By using this website you consent to us
collecting and using personal information about you in accordance with
the terms set out herein. Any personal data relating to you will be
used and recorded by us in accordance with current data protection
legislation.
We take the security of all your personal information seriously
however Internet transmissions are never completely private or secure.
As this website may contain links to other websites we recommend that
you check the privacy and security policies and procedures of all such
other websites you visit. You understand that any message or
information you send to this website may be read or intercepted by
others unless there is a special notice that a particular message is
encrypted.
6. PRICING AND DELIVERY
All prices stated are
in pounds sterling, us dollars or euros and are valid unless and until
amended by us. Where an inadvertent error arises in any stated price
we reserve the right to correct such and will offer you the
opportunity to cancel your order or proceed at the correct price. Our
VAT Number is 787 9850 45. For orders being delivered inside the EU
the majority of prices shown within this site are inclusive of VAT,
and where it is stated that VAT is not included this will be added to
your order at the rate pertaining at the time of contract. VAT is not
added to orders being delivered outside the EU. The relevant charge
for delivery will be added to your order at the checkout page. The
total charge for your order will be indicated on the relevant Debit or
Credit Card statement used by you.
A Delivery Note will accompany your order indicating the quantum and
value of the order together with details of where to return items to
in the event of damage or other cause for returning the goods. We will
arrange delivery to any UK Postal area including Northern Ireland and
the Channel Islands and any overseas location within the range of our
appointed International Carrier. We will deliver only to a permanent
address given to us at time of order and you should note we cannot
accept PO Box numbers Hotels Temporary or Accommodation addresses.
Delivery Times stated are our best estimate at the time of order and
maybe subject to matters outside of our control. We will advise you by
email of the dispatch date and if delivery fails to arrive within
7 - 10 days after that date you should contact our Customer Services
Team at service@kingandmcgaw.com
stating Order Number your name and delivery address.
7. RETURNS POLICY
We will make every reasonable effort to ensure that the goods delivered are to your satisfaction. If you wish to return the goods to us you must do so within 28 days of the date of dispatch.
Items damaged in transit should be left in the original packaging enclosed in suitable return packaging. If the goods are not to your satisfaction you may receive a part refund provided the items
remain in saleable condition and have not been damaged altered or used in any way. If you decide to return your made-to-order print for any reason, it is unlikely that we could sell it to another
at full selling price. We will therefore charge a return fee of up to 20% of the order price. Refunding of any post and packaging costs will be at our discretion. Any refunds granted will be
credited to the Debit or Credit Card used at the time of order processing.
8. CANCELLATION POLICY
All prints are
reproduced to order. Each order is sent to print 2 hours after being
placed. We can often intercept orders after 2 hours have passed, but
we can only guarantee a full refund if you contact us within 2 hours
of placing your order. Any refunds granted will be credited to the
Debit or Credit Card used at the time of order processing.
To cancel an order you should contact our Customer Services Team at info@memoryprints.com
stating Order Number your name and delivery address.
9. COPYRIGHT
Subject to this clause we will
indemnify you for your reasonable costs and all damages awarded under
any final judgment by a court of competent jurisdiction or agreed by
us in final settlement to the extent that the Software used for this
website infringes the copyright or intellectual property rights of any
third party provided that you make no statement prejudicial to us and
such infringement is not caused by or contributed to by your acts
other than use in accordance with these terms and we are promptly
notified in writing of the claim details and we have sole control of
the defence of such claim and all related settlement negotiations and
you give us all reasonable assistance at our expense in connection
with it.
10. INDEMNITY
You agree to indemnify, defend
and hold us and all our directors officers employees information
providers the Image Owners licensors and partners "the Indemnified
Parties" harmless from and against any and all liability and costs
including without limitation legal fees and costs incurred by the
Indemnified Parties in connection with any claim arising out of any
breach by you of these Terms. You will co-operate as fully as
reasonably required by us in our defence of any claim. We reserve the
right at our expense to assume the exclusive defence and control of
any matter and you shall not in any event settle any matter without
our written consent. Those who choose to access this website do so at
their own risk and are responsible for compliance with all local laws
to the extent any such local laws are applicable.
11. SUSPENSION AND TERMINATION OF SERVICE
Without prejudice to these terms and conditions we may suspend or
discontinue this website and service or your access to the same or any
other site at any time with or without cause and with or without
notice.
Additionally by using this website you accept that the Internet uses
elements and relies upon services input and facilities which are not
within our control or that of the Image Owners, our Licensors
Information Providers and if we or they are totally or partially
prevented or delayed in the performance of any of our or their
obligations in providing a particular service such a situation will
constitute force majeure and we or they shall be excused the
performance for so long as such a situation endures.
We reserve the right to suspend or terminate any use by you of this
website where it appears to us that your use is in breach of these
Terms including the provision of false registration details or other
misuse of the services offered through this website and we may pursue
any other remedy legally available to us if you fail to comply with
any of your obligations contained in these Terms.
12. LIMITATION OF LIABILITY
As permitted by
applicable laws neither us or any of our directors employees
affiliates the Image Owners Information Providers or other
representatives will be liable for loss or damages arising out of or
in connection with the use of or inability to use the materials in or
facilities or services offered on this website including but not
limited to indirect or consequential loss or damages loss of data
income profit or loss of or damage to property and claims of third
parties even if we have been advised of the possibility of such loss
or damages or such loss or damages were reasonably foreseeable.
13. WAIVER
Any waiver of any provision of these
Terms must be in writing signed by us to be valid. A waiver of any
provision herein shall not operate as a waiver of any other provision
or a continuing waiver of the same provision in the future. If any
court of competent jurisdiction finds any provision of these terms to
be void or unenforceable for any reason then such provision shall be
ineffective to the extent of the court's finding without affecting the
validity and enforceability of any remaining provisions.
These Terms represent the entire understanding and agreement between
the parties relating to the subject matter herein and supersede any
prior understandings or agreements.
14. AMENDMENT TO THESE TERMS AND CONDITIONS
We
may add to change or remove any part of these Terms at any time
without notice and any changes to these Terms or any terms shown on
this website apply as soon as they are shown and by continuing to use
this website after any changes are displayed you indicate your
acceptance of those changes.
15. GOVERNING LAW
These Terms shall be
construed in accordance with and governed by English law and each
party agrees to submit to the exclusive jurisdiction of the English
court.