Lee Miller Archives - Terms and Conditions

Lee Miller Archive Website

Terms Conditions

We are delighted that you wish to use our website at leemiller.co.uk (“Site”) which is managed by Penrose Film Productions Ltd, the sole agents for the Lee Miller Archive. 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.

We also recommend that you periodically check these terms and conditions, because we reserve the right to change them at any time and the terms and conditions which are available on our Site at the time, you are using it will be those that apply during such use.

In connection with our terms and conditions, where we refer to “Content” we mean all pictures, photographs, text, information, film, video, sound, music and software contained in, or available from, our Site.

Availability

We do not guarantee that our Site of Content will always be available, nor do we guarantee that we will provide an error free service. We may suspend our service for operational reasons or emergencies and we may change or discontinue the availability of any Content, goods or services at any time as we see fit.

Content

You must not and must not permit anyone else to either copy, download, store, modify, adapt, transmit, distribute, perform, play or show in public, broadcast, publish or otherwise use any part of the Content of our Site without prior written agreement or that of the relevant owner of the Content in question. Price and availability information is subject to change without notice.

Trade Marks

Lee Miller, and the Lee Miller signature are trade and service marks of Penrose Film Productions Ltd, the managing agent for the Lee Miller Archive. All rights in this trade and service mark are reserved.

Our Site may also contain trade and service marks belonging to third parties.

You may not use or reproduce any trade or service marks appearing on our Site for any purpose without the prior agreement of the relevant owner.

Your Responsibilities

You are responsible for ensuring that you have the necessary connections in order to use our Site. Telephone charges and other fees associated with such connection, access and use are your sole responsibility.

Opinions, advice, criticisms, reviews, judgements, statements or other Content which are expressed to be made by someone other than us, are those of the respective authors and not of Penrose Film Productions Ltd. Penrose Film Productions Ltd does not endorse, nor is responsible for the accuracy or reliability of any opinion, advice, statement, judgement, review or other Content made on our Site by anyone other than an authorised employee of Penrose Film Productions Ltd.

Privacy and Data Protection

We will treat information provided by you in accordance with the Privacy and Data Protection Act Policy Statement.

OUR LIABILITY TO YOU

The use of the Site is at your own risk. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any Content on our Site.

Nothing in these terms and conditions of use shall exclude our liability for death or personal injury resulting from our negligence or any other liability which we are prohibited from excluding by law. Subject to the preceding paragraph:-

· the Content is provided on an “as is” basis. We shall not be liable for any loss or damage or any costs, claims or demands of any nature whether arising out of tort (including negligence), contract or otherwise brought against you by any party arising directly or indirectly in connection with the use, inability to use, or performance of, our Site and all other conditions, warranties and other terms whether expressed or implied by law or otherwise to the contrary are hereby excluded to the maximum extent permitted by applicable law;

· 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, even if we have been specifically advised of the possibility of such loss or damage; and

· 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 loss or damage whatever arising from or in anyway connected with (i) any performance or non-performance by us of any obligation assumed by us under our Site, these terms and conditions or otherwise; or (ii) any liability not excluded by these terms and conditions, shall in respect of any one or more events or series of events (whether connected or unconnected) taking place within any 12 month period be limited to £5,000. 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.

Although we shall take reasonable steps to prevent the introduction of viruses, we do not warrant that any information of other Content accessible via our Site is free of viruses, Trojan horses or other harmful matter, nor that our Site will be error free.

Your Liability to Us

You will indemnify us against damages and losses, which we may suffer as a result of your breach of these terms and conditions of use.

Links to and from Other Web Sites

When present hypertext links in our Site will lead you to other web sites which are not under our control. By activating a link, you will leave our Site and we have no responsibility or liability for the content or conduct of any web sites which may be linked from our Site for your transactions with them. Other users are not permitted to link to our Site without our written permission.

Miscellaneous

These terms and conditions contain the entire agreement between us and supersede all previous written or oral agreements relating to this subject matter. If any

provision of these and conditions shall be unlawful, void or unenforceable, then that provision shall be deemed severable from the others and shall not affect the validity or enforceability of the remaining provisions.

Law and Jurisdiction

Our Site is created and controlled by Penrose Film Productions Ltd, a company incorporated under the laws of England and Wales.

These rules shall be governed by, and construed in accordance with, English law, without giving effect to any principles of conflict of laws.

Penrose Film Productions Ltd Terms and Conditions of Sale

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF SALE AND DISCLAIMERS CAREFULLY BEFORE MAKING ANY PURCHASES VIA THIS WEB SITE. ALL PURCHASES SHALL BE GOVERNED BY THESE TERMS AND CONDITIONS AND BY ORDERING GOODS ON OUR WEB SITE 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 Penrose Film Productions Ltd, (managing agents for The Lee Miller Archive) 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 Penrose Film Productions Ltd and its successors and assigns.

2. When will our contract be formed?

The display of goods on our web site 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 WEB SITE. 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 despatch 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 web site 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 into 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 Penrose Film Productions Ltd. at Farley Farm House, Chiddingly, East Sussex, BN8 6HW, United Kingdom, in their original condition, within 10 days of receipt, with the original despatch document. Unless you inspect the goods promptly after delivery and notify us at Penrose Film Productions Ltd., Farley Farm House, Chiddingly, 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 web site, 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 web site.

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

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 of 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 web site 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 web site.

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 date protection and privacy statement, which contain other terms and conditions applicable to your use of our web site. 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 Penrose Film Productions Ltd and 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 the English Law.

Version 1: September 2010