We are delighted that you wish to use our website at leemiller.co.uk (“Site”) which is managed by Farleys House & Gallery Ltd, the sole agents for the Lee Miller Archives. However, we have established a number of terms and conditions which, by using our Site, you agree to be legally bound by. They are therefore important so please take a few moments to read them. If you don’t like what you see and do not agree with them, please do not use the Site.
BACKGROUND:
These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.leemiller.co.uk (“Our Site”). Please read these Terms of Use carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Site. If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately. These Terms of Use do not apply to the sale of goods. Please refer to our Terms of Sale for more information.
1. Definitions and Interpretation
1.1 In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:
| “Account” | means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4; |
| “Content” | means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; |
| “User” | means a user of Our Site; |
| “We/Us/Our” | means Farleys House & Gallery Ltd, trading as Lee Miller Archives, the Roland Penrose Estate, Penrose Film Productions and The Penrose Collection, a company registered in England under 1339880, whose registered address is Burgh Hill House, Chiddingly, East Sussex BN8 6JF and whose main trading address is Farleys House, Farley Farm, Muddles Green, Chiddingly, East Sussex BN8 6HW. |
2. Information About Us
2.1 Our Site, www.leemiller.co.uk, is owned and operated by Farleys House & Gallery Ltd, a limited company registered in England under 1339880, whose registered address whose registered address is Burgh Hill House, Chiddingly, East Sussex BN8 6JF and whose main trading address is Farleys House, Farley Farm, Muddles Green, Chiddingly, East Sussex BN8 6HW. Our VAT number is GB 315 5079 69
2.2 We are regulated by Security Metrics
2.3 We are a member/registered with ICO
3. Access to Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Accounts
4.1 Certain parts of Our Site (including the ability to purchase goods or license images or text from Us) may require an Account in order to access them.
4.2 You may not create an Account if you are under 18 years of age.
4.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
4.4 We recommend that you choose a strong password for your Account, consisting of a combination of uppercase and lowercase letters, numbers and symbols. It is your responsibility to keep your password safe. If you believe your Account is being used without your permission, please contact Us immediately at images@leemiller.co.uk. We will not be liable for any unauthorised use of your Account.
4.5 You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.
4.6 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 17.
4.7 If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of Our Site requiring an Account for access. To do so please contact us and we will delete it for you. Once your account is deleted we will only retain information from any transactions that we are obliged to under law. The digital account will be removed from our server within 30 days.
4.8 If you close your Account, any user information or preferences connected to it will be deleted.
5. Intellectual Property Rights
5.1 All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.
5.2 Subject to sub-Clause 5.3 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
5.3 You may:
5.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
5.3.2 Download Our Site (or any part of it) for caching;
5.3.3 Print one copy of any page(s) from Our Site;
5.3.4 Save pages from Our Site for later and/or offline viewing.
5.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
5.5 You may not use any Content printed, saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
6. Links to Our Site
6.1 You may link to Our Site provided that:
6.1.1 you do so in a fair and legal manner;
6.1.2 you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
6.1.3 you do not use any logos or trademarks displayed on Our Site without Our express written permission; and
6.1.4 you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
6.2 You may not link to any page other than the homepage of Our Site, www.leemiller.co.uk. Deep-linking to other pages requires Our express written permission. Please contact Us through our contact us page for permission.
6.3 Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please Contact Us for permission.
6.4 You may not link to Our Site from any other site the main content of which contains material that:
6.4.1 is sexually explicit;
6.4.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
6.4.3 promotes violence;
6.4.4 promotes or assists in any form of unlawful activity;
6.4.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;
6.4.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
6.4.7 is calculated or is otherwise likely to deceive another person;
6.4.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
6.4.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 6.4);
6.4.10 implies any form of affiliation with Us where none exists;
6.4.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
6.4.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
6.5 The content restrictions in sub-Clause 6.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 6.4. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users. You are also prohibited from posting images from Our Site without our permission or a license.
7. Links to Other Sites
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third-party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
8. Disclaimers
8.1 Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only.
8.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
8.3 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date. Please note that this exception does not apply to information concerning goods for sale through Our Site. Please refer to Our Terms of Sale for more information.
8.4 We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in User Content. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.
9. Our Liability
9.1 The provisions of this Clause 9 apply only to the use of Our Site and not to the sale of goods, which is governed separately by Our Terms of Sale link.
9.2 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.
9.3 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
9.4 If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
9.5 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. However, subject to sub-Clause 8.2, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
9.6 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
9.7 Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
10. Viruses, Malware and Security
10.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
10.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
10.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
10.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
10.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
10.6 By breaching the provisions of sub-Clauses 10.3 to 10.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
11. Privacy and Cookies
Use of Our Site is also governed by Our Cookie and Privacy Policies, available from link to Cookie Policy and link to Privacy Statement. These policies are incorporated into these Terms of Use by this reference.
12. Changes to these Terms of Use
12.1 We may alter these Terms of Use at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
12.2 In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
13. Contacting Us
13.1 To contact Us, please email Us through our Contact Us page.
14. Communications from Us
14.1 If We have your contact details (if, for example, you have an Account) We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Use, Our Terms of Sale, and changes to your Account.
14.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt-out at any time. Any and all marketing emails sent by Us include an unsubscribe link If you opt-out of receiving emails from us at any time, it may take up to 20 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
14.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at or via Our Contact Us page.
15. Data Protection
15.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
15.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy and Cookie Policy.
16. Law and Jurisdiction
16.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
16.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.
16.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
16.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the [non] exclusive jurisdiction of the courts of England & Wales.
Farleys House & Gallery Ltd (trading as Lee Miller Archives)- Terms and Conditions of Sale
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF SALE AND DISCLAIMERS CAREFULLY BEFORE MAKING ANY PURCHASES VIA THIS WEBSITE. ALL PURCHASES SHALL BE GOVERNED BY THESE TERMS AND CONDITIONS AND BY ORDERING GOODS ON OUR WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS. PLEASE PRINT A COPY OF THESE TERMS AND CONDITIONS FOR FUTURE REFERENCE.
1. Who we are
All goods are supplied by Farleys House & Gallery Ltd, (managing agents for The Lee Miller Archives) a company which is registered in England (number 1339880). Our registered office is at Burgh Hill House, Chiddingly, East Sussex, BN8 6JF, England. All references in these terms and conditions to “us”, “we”, “our” or The Lee Miller Archive refers to Farleys House & Gallery Ltd and its successors and assigns.
2. When will our contract be formed?
The display of goods on our website and all communications and adverts made by us prior to the acceptance of your order after its submission by you are invitations to treat only and shall not constitute offers or unilateral contracts. Your completion and submission of an order is an offer by you to purchase the goods selected. We shall not be bound to supply such goods to you until we have notified you of our acceptance of your order and we have despatched the goods to the delivery address stated in your order. All contracts shall be deemed to be formed in England. IT IS IMPORTANT TO NOTE THEREFORE THAT WE WILL NOT BE OBLIGED TO SELL YOU GOODS IF, FOR EXAMPLE, THE GOODS ARE NOT AVAILABLE OR THEY HAVE EITHER BEEN INCORRECTLY PRICED OR DESCRIBED ON OUR WEBSITE. We also reserve the right:-
a) not to despatch goods requested if, for example, we have safety or other legal concerns, it is not possible legally or practicable for us to export the goods to your designated delivery address, or there is a limited supply of goods and we wish to ensure fairness between our customers; and
b) at any time prior to the acceptance of your order to refuse it (or any part of it), or to require further information from you in order to evaluate and/or process the order. Please note you must be at least 18 years old in order to make an order.
3. Order Processing
Unless we specify otherwise we will aim for the goods ordered by you to be delivered to you within 30 days of our accepting your order.
However, without prejudice to the statutory rights afforded to consumers under English or other applicable law, we accept no liability for any failure to despatch goods as a result of our inability to do so, or our decision not to dispatch them as permitted by these terms and conditions, provided we take all reasonable steps to tell you by e-mail within 7 days of placement of your order that the goods will not be despatched. If we do not accept or subsequently cannot, or do not, fulfil your order, we will notify you by e-mail and your payment card will be credited with the full amount of your order if previously debited by us.
4. Prices
All prices stated on our website are inclusive of value-added tax where applicable but exclude import taxes and duties payable on overseas shipments. Delivery and insurance charges are not payable in addition to the price of the goods, as notified to you on the order form, prior to you submitting your order. All our prices are in GBP (British Pounds). Your payment card will be debited in GBP and your credit card company will exchange it for your country’s currency. The exchange rate varies from day to day and your payment card company will use the relevant rate at the time of the transaction.
5. Acceptance and Returns
We will exchange or refund any goods purchased if you are not completely satisfied with them provided they are returned to Farleys House & Gallery Ltd, Farleys House, Farley Farm, Muddles Green, East Sussex, BN8 6HW, United Kingdom, in their original condition, within 10 days of receipt and with the original dispatch document. Unless you inspect the goods promptly after delivery and notify us at Farleys House & Gallery Ltd, Farleys House, Farley Farm, Muddles Green, East Sussex, BN8 6HW, United Kingdom, or on +44 1825 872 691 or at archives@leemiller.co.uk of any defects in them, the goods shall be deemed to have been accepted by you on delivery. Where goods are returned which are based upon a defect in the quality or condition of the goods or their failure to meet any description or specification given on our website, we shall be entitled to replace the goods free of charge or, at our sole discretion, refund to you the price of the goods by crediting your credit or charge card, but we shall not have further liability to you.
6. Payment
We accept payment by Visa, Mastercard, Solo, JCB, Switch, Visa Delta, or American Express only.
We will debit payment for the goods after confirmation of our acceptance of your order. We will take reasonable care to keep your order secure but in absence of our negligence or the negligence of our agents or sub-contractors we cannot be held liable for any loss you may suffer if a third party obtains unauthorised access to any data, including credit card and account details, you provide when accessing, or ordering from, our website.
7. Passing of risk and ownership
Risk in the goods passes on delivery to the address stated in your order. Title to the goods will pass to you when full payment is made for them and we shall be entitled at any time before title passes without any liability:
(a) to terminate your right to use, sell or otherwise deal in the goods;
(b) to enter your home or premises and re-possess the goods; and
(c) to use or sell the goods.
8. OUR LIABILITY
YOUR ATTENTION IS SPECIFICALLY DRAWN TO THE PROVISIONS OF THIS CLAUSE. To the extent permitted by applicable law:-
(a) in no event shall we be liable either in contract, tort, negligence, statutory duty or otherwise for any loss of profits, revenue, goodwill or any type of consequential loss, indirect, special, exemplary or punitive loss or damage whatever arising from or in any way connected with the use, inability to use, or performance of, our Site or the purchase of any goods from us, even if we have been specifically advised of the possibility of such loss or damage; and
(b) except for those expressly set out in these terms and conditions, there are no warranties, terms or conditions, express or implied, statutory or otherwise (including, but not limited, as to the fitness for a particular purpose) given, made or incorporated into these terms and conditions and all such terms, conditions and warranties are excluded to the maximum extent permitted by law.
We shall not, in any event, be liable to you for any breach of these terms and conditions as a result or our delay or failure to perform if the delay or failure is due to a cause beyond our reasonable control. We do not exclude or limit our liability for personal injury or death where and to the extent that they arise from our negligence or that of our employees or agents.
Except in relation to such liability as has been expressly excluded in the preceding paragraphs, our maximum aggregate liability in contract, tort, negligence, statutory duty or otherwise for any and all losses or damages whatever arising from or in any way connected with any purchase of any goods from our website shall be five times the price paid for the good; or in any other case £1,000. This limit shall also apply if any exclusion or other provision contained in these terms and conditions is held to be invalid for any reason and we become liable for loss or damage that could otherwise have been limited. Nothing in these terms and conditions shall affect any statutory rights of any consumer under English or other applicable law.
9. Intellectual Property concerning the goods
By purchasing goods, you only acquire rights of ownership to the physical goods. You do not acquire any right, title, or interest in or to any copyright or other intellectual property rights subsisting in the work itself, which rights are exclusively reserved by the owner of the underlying copyright or other intellectual property rights. In particular, but without limitation, you must not copy, reproduce, modify, adapt, exhibit, display, broadcast, transmit, digitise, electronically or digitally frame, scan or distribute by any means now known or invented in future any goods purchased by you.
10. Miscellaneous
Goods supplied are subject to these terms and conditions of sale to the exclusion of any other terms or conditions of the purchaser. It is your responsibility to comply with the laws of your country of residence or the country where you wish the goods to be delivered with regard to your use of our website and the export to such countries of goods ordered from our website.
The failure by us to enforce any term of right arising from any contract between us or these terms and conditions shall not be deemed to be a waiver of the right to enforce such terms or right in the future. You are also referred to our general terms and conditions of use and data protection and privacy statement, which contain other terms and conditions applicable to your use of our website. We reserve the right to change these terms and conditions from time to time and without giving any notice to you. Before you make future orders, you are therefore recommended to check these terms and conditions, since you will be bound by those applicable at the time your order is submitted. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions shall not be affected.
11. Law and Jurisdiction
These terms and conditions and all contracts entered into between Farleys House & Gallery Ltd and the customer shall be governed by and construed in accordance with English law. Any disputes concerning these terms and conditions or otherwise arising in relation to any contract entered into via our website shall be subject to the exclusive jurisdiction of English Law.