Terms and Conditions of Download and Sale

This Agreement (together with the documents referred to in it including the Privacy Policy) sets out the terms and conditions under which you will use our website www.northlondonphotoshop.com (or derivations thereof) (our "Website") and we will supply you with electronic media products ("Products") listed on the Website via our online shop ("Shop"). Please read these terms and conditions carefully before registering for the Shop or ordering any Products from our Website. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference. A printed copy of these terms and conditions shall be admissible in judicial or administrative proceedings.

By using this Website and Shop you agree to be bound by these terms and conditions and your registration to use the Shop and any purchases of Products by you on this Website will be subject to these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to use the Website or order any Products from the Website.

1. Information About Us

Our Website is operated by North London Limited trading as North London Business of Heron House, Hale Wharf, Ferry Lane, London N17 9NF.

2. Use of the Website and Shop

If you wish to order Products from the Website you will need to register with us to open your account. Registration in itself is free but you will need to supply your email address. Upon submission of your email address you will receive an email from us containing a password which you will then need to enter (with your username) to access the members section of the Website. By entering the password and username details you agree to the terms set out herein.

Upon entering these details you will be permitted access to your account and shopping basket ("Shopping Basket") and download Products to your purchases folder ("Purchases Folder") unless and until access is either terminated or closed in accordance with these terms.

If your account is closed or terminated the facility to access the members section of the Website and your Shopping Basket and Purchases Folder will be removed. We reserve the right to terminate and/or suspend your access to the Website and the Shop at any time.

At all times you agree that you will remain responsible for the confidentiality of any account and password details used by you in respect of the Shop. You also agree to ensure that you restrict access to your computer (or any computer used to access your account) to prevent unauthorised access to your account details or password. You must use the Shopping Basket provided when placing an order with us online through the Shop.

Please do not email your card details to us. We accept no responsibility for the security of card details emailed to us in this way.

You agree to be entirely responsible for any activities including purchases made using your account details and password. In this respect you shall ensure that any password you choose to access the Shop remains confidential at all times. In the event that you either lose your password or account details or become aware that a third party may have access to or is using your password or account details you shall notify us immediately.

You should ensure that any information you provide to us (including without limitation) your name, address and bank details are complete, accurate and current and that you will notify us immediately of any changes in the details with which you registered to use the Shop. You may verify the details on our Shop at any time by visiting your account pages.

We reserve the right to:

(a) refuse access to the Shop and our Website;

(b) suspend or terminate access to the Website and/or the Shop although where we suspend or terminate access to the Website for operational purposes we will take all reasonable steps to resume availability as soon as possible;

(c) to suspend your access to and use of the Website and Shop without notice if we discover that you are in breach of any of these terms and conditions or those set out in the Website Terms of and you agree to indemnify us against all losses, damages, costs and expenses which it suffers as a result of any such breach;

(d) delete, vary or change any content on the Shop or Website at any time; and

(e) terminate or cancel orders (although we will not charge you for any orders which we cancel for reasons which are not due to your default).

Our Website is not intended for use by people resident in Armenia, Azerbaijan, Belarus, Bulgaria, Croatia, Georgia, Romania, Ukraine, Morocco, Turkey, Macedonia, Bosnia Herzegovina, Albania, Serbia, Indonesia, Uganda and Nigeria (the "Un-Serviced Countries"). We do not accept orders from individuals in the Un-Serviced Countries. Some restrictions are placed on the extent to which we accept orders from other specific countries.

In certain countries there may be restrictions or prohibitions:

(a) on the purchase of products such as those listed on Website; or

(b) in respect of access to websites such as the Website.

In both respects we shall not be liable to you or any third party in this respect and you warrant that you are able to access our Website from your country and are able to purchase the Products and import them into your country without contravening any local or international laws.

3. Your Status

By placing an order through the Shop you warrant that:

(a) you are legally capable of entering into binding contracts;

(b) you are over 18 years of age;

(d) you are not accessing our Website from one of the Un-Serviced Countries.

4. Terms of Sale

You will be permitted to purchase Products once you are registered to use the Shop pursuant to the Paragraphs set out above.

On endeavouring to place an order for a Product for commercial purposes you will be required to make a selection from the menu of commercial uses. We will then send you an email acknowledging your request and informing you whether your request has been approved or rejected. If the request is approved you will be instructed as to how to proceed.

After placing an order for Products to download your credit/debit card will be charged immediately and subject to our receipt of verification of payment from our third party payment provider, we will make the Product ordered available for download in your Purchases Folder. Products purchased from us for download will remain in your Purchases Folder until your account is either closed or terminated pursuant to these terms. If we terminate or suspend your account we shall not be liable to you for any losses arising from such termination or suspension and you shall be wholly responsible for backing up your computer data Products available for download.

Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.

We may also provide links on our Website to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our Website, or from companies to whose website we have provided a link on our Website, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.

5. Use of Products

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material and content (including in the Products) shall remain at all times vested in us and our licensors. By accessing this Website and offering to purchase Products from us you agree to the following:

(a) you are permitted to use the Products and material on this Website only as expressly authorised by us; and

(b) you may not use, reproduce, transmit, publish, display, modify, distribute, commercially exploit or create derivative works of the Products or material on this Website unless as expressly authorised by us.

Any unauthorised use of our copyright and trademarks is an infringement of our intellectual property and may lead to legal action and other remedies permitted under the Trade Marks Act 1994 and the Copyright Designs and Patents Act 1988 (as amended from time to time).

When purchasing Products you agree to the following terms:

(a) when using the images you will include acknowledgements - copyright should indicate us as the owner, but credit should be to northlondonphotoshop.com;

(b) you will not make any suggestion that we endorse any of your products;

(d) you will indemnify us and keep us indemnified against all losses suffered, incurred or arising in connection with any claim by a third party that your use of any Product (beyond that explicitly permitted herein) infringes any right (including, without limitation any intellectual property right) of the third party;

(e) you will incur all costs associated with printing and duplicating the image;

(f) you will permit us at our request to view a copy of the final product before publication/broadcast;

(g) you will not sell, sub-licence, transfer or otherwise dispose of your rights in the Products to any of your subsidiaries or any third party;

(f) you will keep images in the proportions in which you downloaded them from the Shop and will not distort or amend the images in any way without our prior written permission; and

(g) you will not be permitted to obtain a refund once you have purchased the Products.

6. Availability and Delivery

Upon receipt of confirmation that your payment has been received it is our aim to make any Product files available for download immediately by providing you with access to the same in your Purchases Folder. We will also confirm that this has been provided by sending a dispatch confirmation ("Dispatch Confirmation") to you confirming that the Product is ready for download.

7. Risk/Title

The Products will be at your risk from the time of delivery (whether electronically or physically).

(Subject to the intellectual property rights in the Products) Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges (where applicable).

8. Payment

The price of any Products will be as quoted on our Website from time to time, except in cases of obvious error.

These prices exclude VAT and delivery costs (where applicable, please note we are not VAT registered).

Where Products are made available for download you will remain wholly responsible for all telephone and data connection lines and any other connectivity and any ISP subscription or call charges used to access the Website and the Shop.

Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

Our Shop catalogue contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our Website, we will normally, at our discretion, either contact you for instructions before dispatching the Product or making it available for download, or reject your order and notify you of such rejection.

We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

Payment for all Products must be by via our Third party payment agent Paypal.

Perpetrators of card fraud will be prosecuted.

9. Our Liability

We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.

The information on the Website is for information purposes only. This material does not constitute advice and you should not rely on any material on this Website to make any decision of take any action. We reserve the right to change prices, information and specifications relating to the Products on the Website from time to time.

No guarantee or claim as to the accuracy or fitness for purpose of any material on this Website is made by us and we accept no liability of any description in relation to this.

To the fullest extent permissible the Website and the contents are provided to you on an 'AS IS' basis and we make no representations or warranties of any kind (express or implied) with respect to the Website, Shop or Products included in the Shop including without limitation warranties of merchantability and fitness for a particular purpose.

Our liability in connection with any Product purchased through our Website is strictly limited to the purchase price of that Product.

We do not exclude or limit in any way our liability:

(a) for death or personal injury caused by our negligence;

(b) under section 2(3) of the Consumer Protection Act 1987;

(d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Where you buy any Product from a third party seller through our Website, the seller's individual liability will be set out in the seller's terms and conditions and we shall have no liability with regard to the products or websites of third party sellers.

The information on this Website may be updated from time to time and may be out of date when viewed by you. No responsibility for keeping the information in these pages up to date is taken by us nor do we accept any liability for failing to do so.

We cannot guarantee that this Website is free from computer viruses or any other malicious or impairing computer program. Technical inaccuracies and typographical errors may appear on the pages of this Website from time to time.

10. Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website or Shop, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

11. Notices

All notices given by you to us must be given to North London Business at info@northlondonbusiness.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or by posting a notice on the Website. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

12. Transfer of Rights and Obligations

The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

13. Events Outside of Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract with you that is caused by events outside our reasonable control ("Force Majeure Event").

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a) Strikes, lock-outs or other industrial action.

(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

(e) Impossibility of the use of public or private telecommunications networks.

(f) The acts, decrees, legislation, regulations or restrictions of any government.

Our performance under any contract with you is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

14. Waiver

If we fail, at any time during the term of a contract with you, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Paragraph 11 above.

15. Severability

If any of these terms and Conditions or any provisions of a contract with you are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

16. Entire Agreement

These terms and conditions and any document expressly referred to in them (including the Privacy Policy) represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.

Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

17. Our Right to Vary these Terms and Conditions

We have the right to revise and amend these terms and conditions from time to time.

You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

18. Complaints

Complaints can be made to North London Business via email, info@northlondonbusiness.com, or you can telephone us on 020 8885 9200, between 9.00 am and 5.00 pm, Monday to Friday.

We aim to deal with all complaints as effectively as possible and to acknowledge any made through the Website by email within 5 days. We will then endeavour to conclude our investigations into your complaint as soon as possible thereafter. Telephone complaints will not necessarily be acknowledged by email prior to investigation. If you want a likely timescale for the resolution of a complaint you can request this, but the timescale will be dependent upon the specific nature of the complaint.

19. Data Protection, Privacy and Terms of Use

Our data protection and privacy policy is set out here.

20. Copyright and Intellectual Property

The copyright in the contents of all the pages in this Website is owned or licensed to our Shop, or it is used with permission from the owner. If this is not the case the copyright owner will be specified.

The copying, reproduction, modification, downloading or use in any form of the contents of this Website without our prior written permission is strictly forbidden, unless this occurs incidentally while using the Website for private and non-commercial use.

21. Law and Jurisdiction

Contracts for the purchase of Products through our Website will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

Terms and Conditions of Download and Sale

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