LEGAL NOTICES

Updated October 2020

This is the London Picture Archive Website of the Mayor and Commonalty and Citizens of the City of London (the City of London) of PO Box 270 Guildhall London EC2P 2EJ.

Email: support@londonpicturearchive.org.uk

Definitions

"Business User" : means a person, company, partnership or other organisation which orders goods or services from this Website for and in the course of their business

"Cookies" : A cookie, also known as an HTTP cookie, web cookie, or browser cookie, is usually a small piece of data sent from a website and stored in a user's web browser while a user is browsing a website.

"Consumer" : means an individual who is ordering goods or services for their own use and not in the course of his or her or any business

"LMA" means London Metropolitan Archives

"Special Conditions" means specific conditions relating to a product or service on the relevant webpage of the Website.

"Users" means collectively users of the Website

"We / us / our/ the City" means the City of London

"Website" means the City of London's London Picture Archive Website currently located at https://www.londonpicturearchive.org.uk

"Working Days" do not include Saturday, Sunday or Public Holidays

"You / your / yours" means a user of the Website

TERMS AND CONDITIONS OF USE AND GENERAL CONDITIONS OF SALE

By using the Website or linking to it you agree to be bound by the "Terms and Conditions of Use" and if you purchase any goods or services from the Website you agree to be bound by the "General Conditions of Sale" and any applicable Special Conditions.

If you are uncertain as to your rights or require any explanation about them please email: registration.enquiries@cityoflondon.gov.uk.

DISCLAIMER

We are committed to the highest standard and quality of information and every attempt has been made to present up-to-date accurate information. However, We give no warranty as to the accuracy of the information on the Website. We shall not be liable for any losses or damages arising from your use of the Website, including reliance on information contained on the Website, other than in respect of death or personal injury caused by our negligence or in respect of fraud.

The information provided on the Website has not been written to meet the individual requirements of Users and it is the responsibility of Users to satisfy themselves prior to using this information in any way that it is suitable for their purposes. Before making any decisions based on any information contained on this Website, Users are strongly advised to refer to alternative independent sources of information to confirm the basis of their decision.

Although We take all reasonable measures to ensure that the information provided to it from third parties is accurate and not defamatory or offensive we cannot control the content or take responsibility for pages maintained by external providers or linked pages.

TERMS AND CONDITIONS OF USE OF THE WEBSITE

  1. General
    1. In accessing information from the Website you agree to be bound by these Terms and Conditions of Use as set out below.
    2. These Terms and Conditions of Use may change from time to time. Please check our Website frequently to see recent changes. The date when these Terms and Conditions of Use were last updated will be displayed. If you do not agree to any change you should not continue to use the Website.
    3. The Website contains proprietary notices and copyright information the terms of which you agree to observe and follow.
  2. Security
    1. You assume full responsibility for the protection of your computer system (including but not limited to any form of computer PDA mobile phone or other web browsing equipment) including but not limited to hardware, software and stored data on your computer system including but not limited to hardware, software and stored data of third parties who may access or be otherwise connected to your computer system. You will assume the responsibility of ensuring that programs or other data downloaded or otherwise received from this Website are free from viruses, worms, Trojan horses or other items of a destructive nature. We would advise you to run an up-to-date anti-virus program on anything you download from the Internet.
    2. You must take reasonable precautions to prevent fraudulent use of your security details including your password and must notify us via "support@londonpicturearchive.org.uk" in the event that you suspect a third party has obtained your security details.
    3. In accordance with the requirements of the Data Protection Act 2018 We will take reasonable steps to ensure that data transmitted electronically to us via the Website or otherwise and stored by us is not accessed by unauthorised third parties. You accept the risk that data transmitted electronically to us via the Website, or otherwise, may be intercepted before reaching us or accessed from our data storage by third parties not authorised by us and may be exploited unlawfully by such unauthorised third parties.
    4. We make no representations as to the security, quality or propriety of any other website which may be accessed through the Website and can accept no liability for the content of or for any loss or damage caused or alleged to have been caused by the use of or reliance on information contained in such websites or content thereof or goods or services purchased from them. Connected websites accessed through the Website are independent websites over which We do not exercise any control whether financial, editorial or of any other kind and are not in any way endorsed by us.
  3. Errors
    1. Information contained in the Website may contain technical inaccuracies or typographical mistakes and should not therefore be relied on as totally accurate. Information may be changed or updated without notice and any queries relating to the information including queries as to its currency and accuracy should be addressed to support@londonpicturearchive.org.uk
  4. Warranty and Liability
    1. All information made available from within the Website is provided "as is" for information purposes only and should not be relied on as totally accurate. See Disclaimer.
    2. Goods supplied from the Website should only be used in accordance with their accompanying instructions for use, servicing and maintenance.
    3. We will only be liable to you for any losses resulting from the use of the Website in the following circumstances:
      1. (a) where any losses suffered are as a direct result of us breaching any term of the Conditions of Use and/or General Conditions of Sale / Special Conditions; or
      2. (b) where there is a breach of a legal duty of care owed to you by us or by any employees or agents of us; and
      3. (c) where any losses are a foreseeable consequence of us breaching the Conditions of Use and/or General Conditions of Sale / Special Conditions; Losses are foreseeable where they could be reasonably contemplated by the User and us at the time the Website is made available to the User.
    4. We can accept no liability whatever for:
      1. (a) indirect losses arising as a result of the main loss or damage and which are not foreseeable;
      2. (b) any increase in loss or damage resulting from breach by you of any term of the Conditions of Use and General Conditions of Sale / Special Conditions;
      3. (c) any loss or damage resulting from the use of any other website connected to the Website by means of a hypertext link or any other link;
      4. (d) any loss of profits or other economic loss resulting from the use of the Website for business purposes
    5. In respect of the website We can accept no liability whatever for any data corruption, interception or delay or any inaccuracies or errors that may occur (other than in respect of consumer sales) to the extent that We or our employees or agents are in breach of any Agreement with you, are negligent or in breach of our statutory duty when and in which case the provisions of Clauses 4.4 and 4.5 above will apply.
    6. Nothing in these terms shall exclude our liability for death or personal injury arising from the negligence of us, our employees, agents or contractors resulting from the use of the Website.
    7. We publish the images and information on the Website in good faith. We will use all reasonable endeavours to ensure that all intellectual property rights are respected and that the information and images are accurate and neither defamatory nor offensive.
  5. Copyright and Linking Policy
    1. The Website belongs in all respects to us.
    2. All intellectual property rights including copyright, Database Right, First Publication Rights, patents, Registered Trade Marks, know-how, intellectual or industrial property rights including format, art direction, look and feel of the Website and its content subsisting throughout the World shall vest in us.
    3. Users may not modify, copy, distribute, transmit, display, reproduce, publish, licence or create derivative works from data or other content found on the Website or sell any information or images obtained from the Website. Users may download information or images for private non-commercial viewing purposes only unless permitted for the purpose of making an offer appropriate to the goods or services required. Any information or images attributed to a third party and not in copyright and downloaded by you may only be used in compliance with this clause and must be properly attributed to the owner.
    4. Copyright and first publication rights in all images displayed shall vest in us or the acknowledged copyright owner.
    5. Reproduction of any image is strictly prohibited unless authorised in writing by the City or the London Metropolitan Archives or Guildhall Art Gallery acting on the City's behalf.
    6. Linking to other websites is permitted in accordance with the following Linking Policy:-
      1. (a) We are keen to promote e-government and access to online public services by encouraging other reputable websites to create links to our Website. We therefore grant a limited, revocable and non-exclusive right to create a link/s to web pages on the Website subject to the following conditions:
      2. (b) Links to content / web pages are permitted provided you do not represent the Website or content as your own or otherwise misinform Users about the origin of the content of the Website.
      3. (c) Content (including but not limited to text, graphics, photographs, databases) on the Website must not be copied in isolation or presented to give the impression that the content is owned by you. Content should not be loaded into frames or a border environment. City of London pages must load into the User's entire window.
      4. (d) Links to the Website must not be used for commercial or private gain or to imply endorsement of your website, product or service by us without our express written approval (email support@londonpicturearchive.org.uk).
      5. (e) We will not support links to our Website by political pressure groups
      6. (f) Your website must not contain distasteful, obscene, offensive, defamatory or otherwise illegal content or portray the City in a false, misleading, derogatory or offensive manner. You must not bring us into disrepute by associating us with undesirable products, services or opinions.
      7. (g) Any trade mark, logo, crest or other identifiable emblem of the City of London shall remain the property of us at all times and no licence or right to use any of the same shall be granted or implied in any way.
      8. (h) Any breach of these conditions will result in the termination of your limited licence to link to content on the Website.
  6. Availability of Website
    1. We will use reasonable endeavours to ensure the availability of the Website and that transmissions are error free. However, due to the nature of the Internet it is not technically possible for us to provide a completely fault free service and We give no guarantees or warranties express or implied as to the quality or reliability of access to this site
    2. We reserve the right to suspend or cancel the Website or refuse access to it immediately and without notice in order to maintain, repair or update the Website or if it is necessary for legal reasons. However, We will where possible give notice of any suspension or cancellation on the Website.
  7. Waiver
    1. The failure by us to enforce any term or condition hereof or of the Conditions of Sale or Special Conditions (if applicable) shall not be deemed as a waiver of the right to enforce such term or condition.
  8. Jurisdiction
    1. The Website is situated in London, England and all the Terms and Conditions of Use shall be governed by and construed in accordance with the Laws of England and Wales and subject to the exclusive jurisdiction of the English Courts.
  9. Contact
    1. In the event of any queries about how to use the Website, please email us at support@londonpicturearchive.org.uk.

PRIVACY AND DATA PROTECTION STATEMENT

This is the current Privacy and Data Protection Statement for the London Picture Archive Website. If this Privacy Statement is revised an updated version will be placed on the Website.

  1. Policy and personal data
    1. We will use all reasonable endeavours to ensure that your privacy is protected.
    2. When you register with us, and place certain orders, we will require some personal information about you including your name, billing address, delivery address, email address and telephone number and product/service selections. This information allows us to fulfil your order and notify you of the status of the order. Details of payment card numbers and expiry dates etc will go through a secure server operated by our Payment Service Provider and to which We do not have access.
    3. We would like to use your information for the purpose of providing you with material about any special areas of the City of London which it is believed may be of interest to you and for related marketing purposes. We will only provide you with this material if you have ticked the applicable "opt in / opt out of our marketing" box.
    4. If you have "opted in" and at any time you wish to stop receiving marketing material from us, please email us at support@londonpicturearchive.org.uk
    5. The personal data collected by us will be evaluated periodically to determine whether we should continue to hold such data subject to any legal retention requirements, e.g. VAT regulations require appropriate financial records to be retained for six years. You may notify us if you do not wish data to be continually held by us. You may also request details of your Personal Data held by us. Please click here for enquiries under the Data Protection Act 2018
  2. Statistics
    1. We may provide aggregate statistics about sales, traffic patterns and related site information on the Website and also provide statistics to Central Government, Government agencies and other public bodies, but these will not include any personally identifying information. Please note in particular that statistical records are maintained of pages visited by Users whether or not they have registered.
    2. We may monitor user traffic on an aggregate basis in order to help us develop and improve the Website for the benefit of all Users.
  3. Security
    1. You are advised that the Internet is not a secure medium. We will use reasonable endeavours to keep your information confidential and store it on a secure server which is password protected and hidden behind a firewall from the outside world. Internal procedures cover the storage access and disclosure of your information. We will not sell or pass your information on to any third parties without first obtaining your consent.
    2. You are advised to log out after completing your online transaction.
  4. Transmission and transfer of data outside the EU
    1. Because the Internet infrastructure is global and it is not possible to predict the routes that information sent over the Internet will take, the information you provide may be transmitted temporarily via a route which takes it outside the European Economic Area (EEA) as it passes between you and us. By submitting your information you consent to such transmission.
    2. We shall not transfer User data outside the EEA (or Canada) except where it is necessary to fulfil an order for goods or services placed by a User in a country or territory outside the EEA (or Canada) We will only be storing the information supplied together with details of the activities you have undertaken with We and mailings that have been sent. You acknowledge that generally countries or territories outside the EEA do not provide the same level of data protection as the EEA. By submitting an order for goods or services with us you consent to such transfer
  5. Disclosure
    1. We may disclose personal information if required to do so by Law or in good faith we believe we are required to do so by any order of the Courts or other competent body or agency or may do so to protect or defend our rights or property, or to protect the personal safety of our employees or the public at large.
  6. Links
    1. The Website has links to other websites which will have different privacy, trading and use policies and conditions and you should familiarise yourself with the same.
  7. Data protection
    1. We use all reasonable endeavours to comply with the Data Protection Act 2018 and with the following principles:
      1. Personal data should be processed fairly and lawfully. This means that individuals should not be deceived or misled into supplying information.
      2. Data should only be obtained for a specified purpose and should not be used for any other purpose.
      3. Personal data should be adequate relevant and not excessive in relation to its purpose.
      4. Personal data should be accurate and up to date where necessary.
      5. Personal data should not be kept longer than is needed for its intended purpose.
      6. Personal data should be processed in accordance with the rights of the individual which the information concerns.
      7. Appropriate measures should be taken against unlawful processing or destruction of records. Computer systems should have back up facilities and security provisions.
      8. Personal data should not be transferred outside the European Economic Area (the EU states plus Lichtenstein, Iceland and Norway).

      See our "Access to Information Page" which provides Users with guidance about their rights of access to information under the Freedom of Information Act 2000 and Data Protection Act 2018.

      For more information on the Data Protection Act 2018, you can call (UK) 01625 545 700.

  8. Cookies

    A cookie is a small file which stores information that a website puts on your hard disk so that it can remember something about you at a later time. Typically, a cookie records your preferences when using a particular site.

    View our guide to cookies

GENERAL CONDITIONS OF SALE

of the London Picture Archive Website of the Mayor and Commonalty and Citizens of the City of London PO Box 270 Guildhall London EC2P 2EJ. Email support@londonpicturearchive.org.uk

  1. The General Conditions of Sale governing any given order for goods or services from the Website will be the version which is current at the date of your order. Special Conditions will apply to individual goods or services and can be found on the appropriate web pages for transactions involving the specific goods or services. Where any conflict exists between the General Conditions of Sale and the Special Conditions, then the Special Conditions will apply provided they do not conflict with any terms and conditions in the General Conditions of Sale which are required by law. Upon acceptance of an Order pursuant to these terms and conditions an Agreement is deemed to be created between you and us
  2. As the General Conditions of Sale and Special Conditions are subject to change, you are advised to check the current version prior to each order to ensure that you understand the precise terms and conditions applicable to your purchase. To assist you in deciding whether the General Conditions of Sale and Special Conditions have changed since your last order, we will display the date when they were last updated.
  3. We will provide the goods / services upon the following conditions of sale:
  1. Technical Steps to Complete an Order to Purchase Goods or Services

    See "How to Place an Order" for details of the steps to follow to place an order.

    1. We invite you to view the goods and services as displayed on the Website.
    2. If you wish to order goods or services you should complete the relevant details on the shopping cart screen or relevant application form and offer the stated price together with your payment card details. Your order represents an offer to purchase which is not accepted until we send you an email confirming your order "Order Confirmation Email".
    3. To order certain goods or services on-line you must be registered on this Website. To register go to "Log on" and select "Register" Please note that this will require the use of cookies.
    4. We may at our option either accept or reject your offer to purchase and pay for the goods or services online.
    5. If We reject your offer to purchase online you will be notified and advised of an alternative method of purchase, if available.
    6. We shall not be required to disclose or explain any acceptance or rejection of offers unless otherwise set out in the Special Conditions.
    7. All orders are subject to availability and to price correction in the event that an administrative error has resulted in an incorrect price being stated on the relevant web page. Details of current price and availability will be as set out on the appropriate web page for the goods or services you wish to order.
    8. We reserve the right to terminate or suspend the processing of an order if it is necessary for technical or legal reasons.
    9. We reserve the right to make changes to the Website and Conditions of Use and Sale at any time. However, you will be bound by the Conditions of Use and Sale in force at the time that you use the Website or order goods or services online, unless any retrospective change is required to be made by law in which case the change will apply to orders previously placed by you.
    10. If We accept your offer to purchase goods or services you will be sent an Order Confirmation setting out details of your order and your rights of cancellation. The contract between us will be formed at the time the Order Confirmation is sent.
    11. The contract will be concluded in English.
    12. The details of your specific contract will not be filed by us, but it is recommended that you print or save the relevant webpage for your records.
    13. We reserve the right to cancel an accepted order within seven days of the date of the Order Confirmation email. For example, we may have to cancel for stock supply reasons or because one or more of the goods ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers. In the event of such cancellation, We shall refund all sums paid by you.
  2. Price and Payment
    1. All payments will be in £ sterling inclusive of applicable UK VAT and other Taxes prevailing at the time of order and will be required to be paid in advance of delivery / performance of the goods or services.
    2. Although we take reasonable care to ensure that the prices set out on the relevant web pages for the goods/services are correct we cannot confirm the price of the goods or services until your offer has been accepted..
    3. If We accept your offer you will be transferred to the City of London Transaction Management Portal, or an encrypted Secure Server operated by an Independent Payment Service Provider, where payment will be taken via your credit / debit card. We will not have access to your payment details at any stage of the payment process.
    4. We will use all reasonable endeavours to protect your credit card information. However, any losses incurred or sustained by you when you transmit information by means of e-mail or other Internet link shall be borne solely and exclusively by you and in no event shall any such losses in whole or in part be accepted by the City. If you are using a public computer, you should sign out when you have finished the transaction.
  3. Delivery charges
    1. We shall deliver the goods ordered to the delivery address which you supply. We will charge for postage and packing.
  4. Despatch of Goods / Performance of Services
    1. If We accept your offer, we will use all reasonable endeavours to prepare and despatch the goods or perform the required services within the time scales set out in the appropriate Special Conditions or if not stated within 30 days beginning the day after the day you sent your order to us ("the Period for Performance").
    2. All UK deliveries will be made via an external carrier and by air mail to addresses outside the UK. We cannot be held responsible for any delay caused by or resulting from the actions of the external carrier or for any other reason outside our control (see Clause 10). Where We are unable to deliver the goods, products or services for reasons beyond our control you acknowledge this and agree to permit a further reasonable time for delivery.
    3. Subject to clause 4.4 below, where We are unable to deliver the goods/ products or perform the services within the Period for Performance for stock supply or other reasons within our control We will inform you and, where possible, propose a revised delivery/performance date. If you do not agree to the revised delivery / performance date We will reimburse any sum paid as soon as possible and in any event within 30 days beginning with the day after the day on which the Period for Performance expired.
    4. Where We are unable to supply the goods or services ordered by you, We may offer to supply you with alternative goods or services of equivalent quality and price. If you choose to accept the alternative goods or services the right to reimbursement under clause 4.3 will not apply. However, if you choose not to accept the alternative goods the costs of returning them would be met by us.
    5. We cannot be held liable for any goods lost or damaged in transit by the external carrier.
  5. Defective or Damaged Goods and Goods Lost in Transit
    1. In the event that your goods do not match the description given on the Website, or are not of satisfactory quality or are not fit for the purpose at the time of sale we will provide a full refund, provided you notify us within a reasonable time, or at your request we will repair or replace the goods as an alternative to a refund, provided the costs involved are not disproportionate. We confirm that we will comply at all times with your rights under the Sale of Goods Act 1979 as amended. See 15 below for your Statutory Rights.
    2. We will refund reasonable delivery charges incurred in returning the incorrectly described, defective or damaged goods in question.
    3. We will replace at no extra cost any goods which are lost in transit and which We are satisfied are lost provided that you notify us at the contact address specified on your Order Confirmation email within 30 days of the original order being placed.
  6. Cancellation of Supply of Goods Order and Return of Goods
    1. Subject to Clause 6.2 below and clause 1.4 of the special conditions you have the right to cancel an order for the supply of goods at any time from the day on which the contract is concluded (ie the Order Confirmation email is sent) until the expiry of the period of seven working days (beginning with the day after the day on which you receive the goods), by giving written notice of cancellation to the person specified on the Order Confirmation email. The notice of cancellation can be given in any of the following ways:
      1. by hand delivering the notice to the address set out on the Order Confirmation email;
      2. by sending the notice by post to the address set out on the Order Confirmation email;
      3. by sending the notice by facsimile to the facsimile number stated on the Order Confirmation email;
      4. by sending the notice by email to the email address stated on the Order Confirmation email.
    2. Unless the Special Conditions provide otherwise or the goods are incorrectly described or faulty, the right to cancel the order will NOT apply in the following cases:-
      1. if audio or video recordings or computer software are unsealed;
      2. if goods have been made to your specification or are clearly personalised or which by reason of their nature cannot be returned
      3. if digital items (e.g. digital signatures from the LMA) have been downloaded
      4. tickets (e.g. tickets for Tower Bridge Experience)
    3. If you cancel your order once the goods have been despatched, you must return the goods to us at the address stated on the Order Confirmation email at your own expense except in the case of any substitute goods offered by us but not accepted by you which will be returned at our expense or in the case of goods which are incorrectly described or found to be damaged or defective. Prior to cancellation you shall be under a duty to keep the goods and take reasonable care of them. On returning the goods you should take reasonable care to ensure that the goods are received by us and are not damaged in transit.
    4. If We have to recover the goods from you on cancellation or you return them at our expense, we reserve the right to deduct direct costs and charges from any refund due to you.
    5. Subject to any deductions made in accordance with clause 6.4 you will be entitled to a full refund provided that the goods are returned in their original condition and with their original packaging. We will reimburse you as soon as relevant financial processes allow and in any event within a period not exceeding 30 days beginning with the day on which the notice of cancellation was given.
  7. Cancellation of Supply of Services Orders
    1. Subject to Clause 7.2 below, you may cancel an order for the supply of services, at any point from the day on which the order is concluded (i.e. the Order Confirmation email is sent) until the expiry of the period of seven "working days" (beginning with the day after the day on which the order is concluded) by giving notice of cancellation to the person specified on the Order Confirmation email. Notice given in any of the forms set out in Clause 6.1 (a) to (d) above will be valid.
    2. Unless otherwise agreed, you will not be able to cancel any order for the supply of services by us once the performance of the services has commenced with your agreement before the end of the cancellation period referred to in Clause 8.1 above.
    3. Where the order for the provision of services is of an unspecified duration or a duration exceeding one year the conditions for exercising any right to cancel will be as set out in the Special Conditions relating to the services.
    4. Details of your right to cancel and explanation of how to exercise it will be set out in the Order Confirmation email.
    5. For more information on your Statutory Rights please refer to clause 16 below
  8. Fraud
    1. If you discover that goods or services have been ordered through this Website using your payment card by someone not authorised to do so you should:
      1. inform your payment card provider, the Police and us via support@londonpicturearchive.org.uk of the unauthorised purchase as soon as you discover it; and
      2. co-operate with your payment card provider, the Police and us in relation to the unauthorised use.
  9. Liability and Events beyond Our Control
    1. Neither you nor We shall be liable to the other in respect of loss damage or delay or any failure to deliver if the cause of such loss etc., shall arise from any act of government or other competent authority or any public utility or external, postal, or courier services or Internet Service Provider, flood, storm, tempest or other freak of nature, riot, civil or commotion, action of hostile foreign state (whether or not a formal declaration of war has been made given or received) fire, explosion, malicious damage, act of God or other force majeure occurrence which could not have been avoided or mitigated by the application of due diligence or foresight.
  10. Jurisdiction
    1. These Terms and Conditions and any Agreement created between you and us following acceptance of your order for goods or services will be governed by and construed in accordance with the Laws of England and Wales and shall be subject to the jurisdiction of the English Courts.
  11. Severance
    1. If any part of these Conditions shall be deemed unlawful, void or for any reason unenforceable then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of these Conditions.
  12. Variation
    1. No variation in any of the terms of these Conditions shall be effective unless agreed in writing by the Comptroller and City Solicitor of the City of London.
  13. Miscellaneous
    1. You will at all times protect our copyright and all other intellectual property rights (IPR) in the goods while they remain in your care and control.
    2. If you sell or transfer any of the goods or services purchased you will notify any subsequent owner of our IPR rights in the goods or services.
  14. Complaints
    1. In the unfortunate event that you wish to raise a complaint in relation to the goods and services or any other matter in connection with the Website, please write to: The Town Clerk and Chief Executive, Complaints, City of London, Guildhall PO Box 270 Guildhall London EC2P 2EJ. Email complaints@cityoflondon.gov.uk
  15. Your statutory rights
    1. Various Acts of Parliament and Regulations provide legal protection to "consumers" who purchase goods or services or a combination of goods and services.
    2. Faulty goods

      The Sale of Goods Act 1979 as amended / supplemented by other Acts and regulations gives a consumer certain rights in the event that the goods purchased do not match their description, or are not of satisfactory quality or are not fit for the purpose.

    3. Unsatisfactory services

      The Supply of Goods and Services Act 1982 as amended / supplemented by other Acts and regulations gives a consumer rights in the event that the Services are not performed with reasonable care and skill (i.e. are unsatisfactory) and also provides rights in respect of faulty goods provided as part of the Service.

    4. Right to Cancel Goods or Services under the Distance Selling Regulations

      Under the Distance Selling Regulations 2000, unless one of the exceptions applies, you have a cooling off period (seven working days) during which you are entitled to cancel your purchase if for any reason you decide you no longer want the goods or services you have purchased at a distance (i.e. without face to face contact, such as from a website). This is an additional right and does not affect your other statutory rights to reject faulty goods or unsatisfactory services (described briefly above).

LONDON PICTURE ARCHIVE SPECIAL CONDITIONS OF SALE

  1. These conditions are specific additional conditions which apply to goods and services ordered from this Website. Where any conflict exists between the General Conditions of Sale and the Special Conditions, then the Special Conditions will apply provided they do not conflict with any terms and conditions in the General Conditions which are required by law.
  2. Delivery

    If the City accepts your offer, it will use all reasonable endeavours to prepare and despatch the goods within five working days.

  3. Price

    The price will be inclusive of Value Added Tax (VAT) at the prevailing rate and delivery charges. If you are not legally required to pay VAT you will be charged the net price.

  4. No Cancellation Right
    1. Please note that as prints are individually printed to your specification you will not be able to cancel your order once it has been submitted. However, this does not limit in any way your statutory rights in the case of faulty or damaged prints - see special condition 5.
    2. Similarly due to the nature of digital files you will not be able to cancel your order once it has been submitted.
  5. Faulty or Damaged Prints

    We deliver prints of the highest quality, all of which are double-checked at our office before despatch. However, if something appears to be wrong with your prints when you receive them, contact us as soon as reasonably possible and we will endeavour to resolve the problem as quickly as possible, email support@londonpicturearchive.org.uk

  6. Copyright and Reproduction
    1. All content (images and text) on this Website is the copyright of the City of London and may not be copied or reproduced for any purpose without permission. Where images within the Website are available to be reproduced, it is possible to purchase an appropriate usage agreement within this Website.
    2. For the avoidance of doubt any Licence to Reproduce Pictures will reserve the City's right to require a credit of "London Metropolitan Archives, City of London" or "Guildhall Art Gallery, City of London" as appropriate and to object to any derogatory treatment of the picture. Derogatory treatment means any addition to, deletion from, or any alteration including, alterations to shape, colour, format, balance or distribution, or any other treatment which in our opinion would amount to a mutilation or distortion of the work.
    3. In the unlikely event that the City discovers copyright still exists in a work of art which is the subject of an image on the Website, We reserve the right to cancel any order for copies relating to such image and to refund all sums paid in respect of it.

IMAGE USAGE LICENCE TERMS AND CONDITIONS

Standard Terms and Conditions Governing the Release and Use of material from the Collections of City of London’s London Metropolitan Archives supplied through the London Picture Archive website.

All licences supplied by this website are subject to the following terms and conditions, and by obtaining a licence, you will be deemed to have accepted these terms and conditions. If you are unsure about an aspect of these terms and conditions, please contact us before obtaining a licence:

London Picture Archive, London Metropolitan Archives, 40 Northampton Road, London EC1R 0HB E-mail: support@londonpicturearchive.org.uk

GRANT OF RIGHTS

  1. Subject to payment of all sums specified in Clause 2, the City grants to the User a non-exclusive, non-transferable licence to incorporate the Material (or part of it) in the Project and to exploit the Material as incorporated in the Project in the Permitted Media in the Territory for the duration of the Licence Period. No other use of the Material shall be made or authorised by the User.

PAYMENT

The User undertakes and agrees with the City:

  1. to pay to the City the following non-refundable sums: (a) the Licence Fee; and (b) all Image Supply Charges, notified in advance to the User and in each case when requested, (c) any further charges agreed between the City and the User;
  2. Users may seek permission in principle for long-term projects, but must inform the City of the
  3. eventual publication date. In such a case, the scale of usage fees at the time of publication will apply unless otherwise agreed;
  4. Payment of an Image Supply Charge for the supply of item(s) of Material (whether digital, transparency, print or other) does not entitle the User to reproduce item(s) of Material. Items of Material supplied may only be reproduced after receipt of the City’s Licence Agreement.

COPYRIGHT

  1. City of London Copyright

    Unless otherwise stated all copyright and other rights in the Material are and shall be (as between the User and the City) the property of the City.

  2. If any publication right (as provided by the Copyright and Related Rights Regulations 2003 SI 2003/2498, or any analogous right in any part of the world) arises in the Material, the User hereby assigns all such rights or right absolutely to the City for the full term(s).
  3. The City gives no warranty about the accuracy of any description of any Material and accepts no liability in the event of any description proving to be inaccurate.

RESTRICTIONS ON USE

The User undertakes and agrees with the City:

  1. the City releases copies of Material for use in Projects intended to educate or illustrate, and reserves the right not to release Material for uses which in the City’s opinion (in its sole discretion) is liable to trivialise, sensationalise or demean the subject portrayed;
  2. the User will ensure that the Material is not used or edited (including adapted, altered, cropped or manipulated) in any way which will or in the City’s opinion (in its sole discretion) is likely to be detrimental to or disparaging of, or likely to tarnish the reputation of the City or the Material or its subject matter or bring them into disrepute;
  3. the City must approve any design where the reproduction of the item(s) of Material is edited (including adapted, altered, colourised or manipulated). Subject to 4.2 above, using only part of a reproduction of an item of Material is permitted where the process of cropping does not alter the meaning or purpose of the original item of Material. The City reserves the right to withhold reproduction permission if the proposed use of the Material is in any way unsatisfactory or may infringe the artist’s moral rights (in the City’s sole discretion). Where it is proposed to use only part of a reproduction of the item of Material, the credit line must contain the word detail; e.g. View of Chancery Lane, detail, 1820, by Albus Dekkard © London Metropolitan Archives (City of London)
  4. unless otherwise agreed by the City in writing, any digital image supplied must not be reproduced online in a size larger than 1000 pixels on the longest edge, 72dpi;
  5. the City reserves the right to withhold material, whether City of London or other copyright or ownership, where relevant permissions from contributors or third parties have not been given.
  6. it shall be the sole responsibility of the User to ensure that, its use of the Material is not offensive or obscene and that it does not (i) defame, libel or slander any person; (ii) infringe any rights of privacy, confidentiality or publicity of any person (or any similar, analogous or related personal rights); (iii) infringe any copyrights, trademarks or other rights of any person; or (iv) breach any relevant laws, rules, codes or guidelines, and no approval by the City of evidence or any proposed use of Material shall relieve the User of its foregoing responsibilities. The User accordingly agrees that the City shall have no responsibility or liability of any nature whatsoever concerning the foregoing matters;
  7. unless the Licence Agreement purchased by the User expressly permits the use of the Material in packaging, marketing or promotional material, the User will not without the City’s prior written consent use any part of the Material in any packaging, marketing or promotional material (whether for the Project or otherwise);
  8. the User will not without the City’s prior written consent issue any press release referring to the City, or refer to the City in any promotional material (whether for the Project or otherwise) other than to provide credit in accordance with section 5 below ;
  9. the User will not use the Material in the Project if notified by the City that the Material or any part or parts of the Material are or may be subject to any legal proceedings or may subject the City to any liability.
  10. the User will inform the City immediately, using the contact information that appears on the London Picture Archive website, of any change in the title of the Project.

CITY OF LONDON CREDIT

The User undertakes and agrees with the City:

  1. that all copies of the Project shall carry a credit worded Image © London Metropolitan Archives (City of London) where Material is incorporated, in accordance with the Credit and Copyright notice set out in the Licence Agreement. Where a variation of this credit is required, the City will contact you directly to notify you and any variation must be incorporated;
  2. Where noted in the License Agreement, Broadcast Media, Digital Media and Home Video Media projects, programmes or broadcasts shall provide an on-screen credit, on top of the reproduction of the item of Material where it appears in the project, programme or broadcast, unless an alternative placement is agreed with the City. Audio programmes shall provide a verbal credit;
  3. Where noted in the License Agreement, other Projects shall carry a credit either in an appropriate and prominent place or in the footnotes or sleeve notes, together with the appropriate reference number(s);
  4. literary, dramatic, musical, artistic or other works as defined in the Act incorporated in a Project shall carry the name of the author or artist as further defined in the Act and the correct title of the work, for example Photograph of Oxford Street, 1895, by Jenny Dee; reproduction © London Metropolitan Archives (City of London).

USER’S OBLIGATIONS

The User undertakes and agrees with the City:

  1. on request to provide the City with a copy of the final version of the Project (publication) free of charge immediately following publication (or, where the Permitted Media are Digital Media, to notify the City as soon as the Project is available for access or viewing by the City and provide any URL and passwords required);
  2. to inform the City immediately of any change in the title of the Project;
  3. not to exclude the provisions of the Contracts (Rights of Third Parties) Act 1999 from any agreements relating to the Material.

TERMINATION

  1. This Agreement shall terminate, upon notice by and without penalty to the City, if there is a breach by the User of any of its material obligations under this Agreement which (if the breach is capable of remedy) the User has failed to remedy within 30 days after receipt of notice in writing from the City giving particulars of the breach and requiring the User to remedy it.
  2. The City may terminate this Agreement with immediate effect by written notice to the User if (i) the City is or reasonably believes that it will become subject to any material costs (including legal costs), damages, loss or liability howsoever arising as a result of or in connection with the use by the User of the Material and/or (ii) the User goes into receivership or liquidation (other than for the purposes of amalgamation or reconstruction) or becomes insolvent or makes any composition or arrangement with its creditors (other than as part of a solvent reorganisation) or the equivalent anywhere in the world.
  3. Save where otherwise provided in this Agreement or where the context otherwise requires, all rights and obligations of the parties shall cease to have effect immediately upon termination of this Agreement except that termination shall not affect the accrued rights and obligations of the parties at the date of termination.
  4. Upon termination of this Agreement:
    1. without prejudice to any right to damages of the City, the User shall immediately pay to the City all sums owing and which will become due under this Agreement in respect of the Material;
    2. the User shall cease all use of the Material;
    3. all rights of the City (including any right to damages) and all indemnities given to the City shall survive termination of this Agreement.

INDEMNITY

  1. The User hereby indemnifies the City, and shall hold the City harmless and keep it fully and effectively indemnified, against all costs (including without limitation legal costs), damages, loss and liability incurred by the City by reason of (i) any breach by the User of its obligations under this Agreement; and (ii) any claim made against the City in respect of or arising out of any use or exploitation of the Material by the User. The City shall notify the User in writing of any such claim, reasonably consult with the User on the defence of such claim and shall agree to any reasonable settlement thereof, in each case at the User's cost.
  2. If any claim is made against the User in respect of or arising out of any use or exploitation of the Material by the User the User shall immediately notify the City in writing of such claim; the City shall have the right to elect to have the conduct of, and the User shall give all reasonable assistance to the City in, the defence of such claim at the User’s expense; and the User shall not settle such claim without the City’s written consent.

LIABILITY

  1. The City shall not be liable for any consequential, indirect, incidental, economic or financial losses or loss of profits in connection with the supply or use of the Material. The liability of the City howsoever arising from or in connection with the supply or use of the Material (whether for breach of contract, negligence, misrepresentation or otherwise) shall not in any circumstances exceed an amount equal to the Licence Fee unless the Licence Period exceeds one year, in which case such liability of the City shall not exceed an amount equal to the Licence Fee payable during the year in which any claim giving rise to such liability arises. Nothing in this clause shall, however, limit the City’s liability in relation to death or personal injury arising from negligence or any other liability which may not be excluded by law.
  2. All terms, conditions, warranties, representations or guarantees whether express or implied by statute, common law or otherwise relating to delivery, description, performance, quality or fitness for purpose are hereby excluded.

GENERAL

  1. This Agreement and the rights under it may not be assigned or sub-licensed (other than as provided under this Agreement) by the User without the City’s prior written consent.
  2. A User who includes material in a Project will be deemed to have accepted these terms and conditions, whether they have signed an agreement, or not.
  3. No variation of this Agreement shall be valid unless it is in writing, including email, and signed by or on behalf of each of the parties hereto.
  4. Any notice under or in connection with this Agreement shall be in writing in the English language.
  5. This Agreement (the Licence Agreement and these Standard Terms and Conditions) constitutes the entire agreement, and supersedes any previous agreement, between the parties relating to the Material. No representations made by or on behalf of the City in relation to the Material shall form part of this Agreement unless expressly stated herein, provided that nothing in this Agreement shall be deemed to exclude or restrict the City’s liability to the User for fraudulent misrepresentations.
  6. In the event of any conflict between the provisions of these Standard Terms and Conditions, the Licence Agreement, the Sales Invoice and the City’s Price List (as the case may be), the provisions of the Licence Agreement shall prevail.
  7. This Agreement shall be governed by, and shall be construed in accordance with, English law and the parties hereby submit to the non-exclusive jurisdiction of the Courts of England and Wales.
  8. Nothing in this Agreement shall create, imply or evidence any partnership or joint venture between the User or the City or the relationship between them of principal and agent or employers and employee.
  9. Neither the User nor the City shall use the name, crest, logo or registered image of the other or the other’s affiliates in a press release or promotional materials, without the prior written consent of the other.

FREEDOM OF INFORMATION

  1. The User recognises and acknowledges that the City is bound by the Freedom of Information Act 2000 and the Environmental Information Regulations 2004 and may have to release information in accordance with that legislation. In the event that the City receives a request in connection with the Freedom of Information Act or the Environmental Information Regulations:
    1. the User will use reasonable endeavours to assist the City without charge within such time scales as the City may reasonably specify in meeting requests for information in relation to this Agreement which are made to the City; and
    2. The City will wherever reasonably practical consult with the User before disclosing information relating to this Agreement.

INTERPRETATION

  1. In this Agreement:

    “Act” means The Copyright, Designs and Patents Act 1988 as amended from time to time;

    “Agreement” means these Standard Terms and Conditions, the City’s Price List prevailing at the date of the Licence Agreement, the Sales Invoice, the Licence Agreement;

    “Broadcast Media” means analogue and digital distribution by terrestrial, cable and satellite broadcast media, and excludes all other distribution and media including video on demand services, all Digital Media including transmissions referred to in section 6(1A) of the Act, CD Rom, CD-I, DVD and interactive media now known or invented hereafter;

    "City" means the City of London, incorporating London Metropolitan Archives and the London Picture Archive;

    “City Price List” means the list of fees charged by the City for usage services

    “Digital Media” means communication to the public by digital transmission, by wire or wireless means (including but not limited to streaming, simulcasting, webcasting, podcasting and making available for use in media such as mobile video, IPTV, mobile devices, webinars, PDAs and Internet web sites, but excluding Broadcast Media) solely for end users’ personal private use, and excludes all further distribution and other exploitation in whole or in part in any medium;

    “Home Video Media” means distribution by DVD and/or Blu Ray only for exploitation by means of retail sale and hire in the domestic market only;

    “Image Supply Charges” means all delivery, administration, handling, service, research, copying, retrieval and stock charges incurred in supplying the Material to the User as specified in the Licence Agreement or, if not specified, as stated in the City’s Price List in force at the date of the Licence Agreement;

    “Licence Agreement” means the agreement between the City and the User confirming the terms on which the Material is supplied;

    “Licence Fee” means the usage fee payable for the Material as specified in the Licence Agreement or, if not specified, as stated in the City’s Price List prevailing at the date of the Licence Agreement;

    “Licence Period” means the period specified in the Licence Agreement commencing on the date stated therein or (if no date is specified) on the date of the Licence Agreement;

    “Material” means audio-visual recording, film, video, document, manuscript, photograph, print, map, audio (including any typescripts or reproductions), CD or any other medium (whether analogue or digital) which are supplied by the City, as described in the Licence Agreement, in the format(s) specified therein;

    “Project” means the production of the User (including but not limited to film, programme, book, journal, product, publication, website or online service in which the Material is to be included), the title and other details of which are specified in the Licence Agreement;

    “Sales Invoice” means a Sales Invoice sent by the City to the User relating to the Material;

    “Territory” means the territory specified in the Licence Agreement;

    “Third Party Consents” means all licences, permissions and consents in writing which may be required for the use and exploitation of the Material by the User in the Project from third parties (which includes the owners of rights in Third Party Material and any individuals appearing recognisably in the Material and the holders of rights in any still photographs, trademarks or other proprietary rights comprised in the Material).

    “Third Party Material” means such (if any) of the Material (including but not limited to all still photographs in the Material) in which the relevant rights are not (or may not be) owned or controlled by the City as specified in the Licence Agreement.

    “the User” means the company organisation or individual stated in the Licence Agreement to whom the Material has been or will be supplied.