Terms and Conditions for use of this Website
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.
Whereas King & McGaw Ltd has been appointed by Birmingham Museums & Art Gallery "the Image Owner" 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 King & McGaw Limited "we, us our" set out herein together with any terms and conditions that may be set out by the Image Owner 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.
King & McGaw Limited is a company registered in England no. 03850720 Registered office: Bell Walk House, High Street, Uckfield TN22 5DQ, UK and its principal office is located at New Road, Newhaven, East Sussex BN9 0EX, UK contact email@example.com
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 Owner as appropriate and the trade marks ™ and trade names depicted are proprietary to us or the Image Owner 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.
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 Owner's suppliers, our suppliers, the Image Owner 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 GB830 4209 63. 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 firstname.lastname@example.org 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.
As all framed items are custom-made to order, cancellation of these items is not possible after the order has been placed and accepted unless they are faulty or not as described.
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have the right to cancel orders containing only unframed items within a period of 14 days. You must inform us of your wish to cancel in writing either by letter or email within a period of 14 days. The period of 14 days begins on the day after the day you receive your goods. You must take reasonable care of the goods and not use them. You should return goods to us in their original packaging, wherever possible, as soon as possible after informing us of your wish to cancel. If you return goods to us, we will not be responsible for any loss or damage to them during transit and we recommend that you use a recorded or secure delivery method. If goods are lost or damaged in transit, we may charge you, or not refund to you, amounts that are attributable to the loss or damage.
Any refunds granted will be credited to the Debit or Credit Card used at the time of order processing. For full details of your rights under the Distance Selling Regulations, please contact your Citizens' Advice Bureau or a solicitor.
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 email@example.com stating Order Number your name and delivery address.
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.
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.
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.