Terms & Conditions – Non-commercial Use
TERMS OF SALE
This Agreement (together with the documents referred to in it including the Privacy Policy and Website Terms of Use) sets out the terms and conditions under which you will use our website www.lfbphotos.com (or derivations thereof) (our "Website") and we will supply you with photographic 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 ticking the box at the end of these terms and conditions 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 The London Fire and Emergency Authority of 169 Union Street London SE1 0LL ("we"). Our main trading address is 169 Union Street London SE1 0LL. Our VAT number is GB 238384246.
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 email address) to access the members section of the Website. By entering the password and email 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 in the event that you breach any of these terms and conditions.
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;
(c) you are not a resident in one of the Un-Serviced Countries; and
(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.
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.
Images of our Products are available as a download ('Download Product') or as a print ('Print Product'). Please note that the image quality of Print Products is higher than that of Download Products.
Download Products
After placing an order for Download Products 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 Download Product ordered available for download in your Purchases Folder. Download Products purchased from 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 Download Products.
Free Download Products will also be subject to the terms and conditions in this Agreement (and in the Privacy Policy and Website Terms of Use) as applicable.
Print Products
After placing an order for Print Products we will send you an email to confirm your order. Your credit/debit card will then be charged and subject to our receipt of verification from our third party payment provider the Print Products will be dispatched in accordance with paragraph 7 below.
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;
(b) you agree that the Products and material on this Website are made available to you for your personal non-commercial, personal use only (unless we agree otherwise); and
(c) 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 we have agreed to the same expressly in writing; and
(d) you will keep the Products in the proportions in which you downloaded them from the Shop and will not distort or amend the Products in any way without our prior written permission.
You may not:
(a) re-license, lease, sub-license or sell any Product purchased from us;
(b) transfer or assign rights to a Product without our written permission;
(c) make a Product available (either online or otherwise) for re-sale to any third party;
(d) distribute or make available any Product electronically;
(e) create or distribute multiple copies of any of the Products either electronically or in printed format apart from for the purposes of backing up your computer data; or
(f) use a Product for any commercial use.
You may print any of the Products you have purchased via the download facility which you have purchased for personal use only and not for dissemination to any third party. Save for backup purposes and printing for personal use the reproduction by whatever means of the whole or any part of any Product (including, without limitation, slide projection, illustration, layout or presentation of the Product) is strictly forbidden without our specific written permission. You must inform us of your proposals as to when and how a Product is intended to be used. We will then consider whether we would wish to grant a licence and, if so, on what terms.
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).
6 YOUR RIGHTS AS A CONSUMER
Downloads
Under the Distance Selling Regulations, the provision of digital media downloads is classified as a service.
Providing that you have not accessed or downloaded any Products, you may cancel your order under the Distance Selling Regulations within 7 days of making it.
When you access or download your Products you confirm that you have asked us to commence provision of the service. At this point you will no longer have the right to cancel your order or to obtain a refund. If you wish to cancel your order, you must do so before access or download.
Please therefore ensure that the Products you have ordered meet your requirements.
We can accept cancellations pursuant to the 7 day cooling-off period referred to above by email to lfbphotos@london-fire.gov.uk or by telephone to 020 8555 1200 Ex 30370. You may not terminate a contract with us after the Product has been downloaded unless:
(a) the Product is defective and cannot be downloaded due to our default and not any problems associated with the equipment or telecommunications network with which you are downloading the Product or any problems arising from third party network availability;
(b) we have advised you that the Product needs to be deleted for operational reasons (in which case we will refund you for the price of the Product).
Where you have downloaded the Product and we consent to termination of the contract in accordance with (a) and (b) above:
(a) (where the Product is defective) you will send notice of cancellation by email to lfbphotos@london-fire.gov.uk or telephoning 020 8555 1200 Ex 30370 ensuring that you specify your name, email address and order reference and highlighting the reasons for termination although we reserve the right not to provide a refund where the defect is with your equipment or a third party network provider;
(b) you will delete the download from all media on which you may have recorded the Product (including without limitation any hard drives, CD-Rom, portable media device or any similar technology) and confirm to us in writing that you have done this. Upon receipt of this confirmation we will refund you the purchase price of the Product in accordance with the Returns provisions set out below. We have tagged Products with technical devices to identify where Products have been downloaded and if we have reason to believe that you have not deleted, or are consistently failing to delete, Products where you have requested cancellation we will have the right to suspend or terminate your use of the Shop. At our sole discretion we may refuse to take further orders from you if we believe that you have contravened or are in contravention of these terms and conditions;
(c) we will re-credit your credit card account with the monies in respect of your order and shall re-credit the amounts as soon as possible but in any event within 30 days of receiving confirmation of the above.
Prints
Under the Distance Selling Regulations, you may cancel your order for Print Products within 7 working days of the day you receive the Products. In this case you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in paragraph 10 below). To cancel an order, you must inform us by email to lfbphotos@london-fire.gov.uk or by telephone to 020 8555 1200 Ex 30370 and return the Product(s) to us immediately in the same condition in which you received them, and at your own cost and risk.
If you claim that a Print Product is defective you must return the Product(s) to us in the same condition in which you received them for us to examine. If you are entitled to a refund we will notify you within a reasonable time by email that you are entitled to a refund for delivery of a defective product and refund you in accordance with our refunds policy (set out at paragraph 10 below).
7 AVAILABILITY AND DELIVERY
Download Products
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 Download Product is ready for download.
Print Products
Upon receipt of confirmation that your payment has been received it is our aim to dispatch the Print Products as soon as possible and in any event within 10 working days. We will also confirm that this has been done by sending a dispatch confirmation ("Dispatch Confirmation") to you confirming that the Product has been dispatched. If for any reason it is not possible to dispatch the Print Products within this timescale we will contact you to inform you that this is the case.
8 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).
9 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 state whether they include VAT and delivery costs (where applicable).
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 credit or debit card. We accept payment with VISA, Master Card, Switch or Delta. Unfortunately we are unable to accept AMEX, ELECTRON cards, cheques, cash or postal orders through the Website. For an order to be processed you will need to provide the cardholder's name as it is shown on the card as well as the postcode that appears on the card statement. Neither we nor our online payment provider accept any responsibility for incorrect or incomplete details submitted on the Website. In respect of Products to be delivered by post we will not charge your credit or debit card until we despatch your order. Where you order Products for download online we will charge your card immediately upon your placement of an order.
Perpetrators of card fraud will be prosecuted.
10 REFUNDS
When you cancel an order for a Product pursuant to Paragraph 6 above and you have either confirmed to us that you have deleted the Download Product from all recordable media or you have not accessed or downloaded the Download Product, or in the case of a Print Product that you have returned an item to us and we have examined the item, we will notify you of your refund via e-mail within a reasonable period of time.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we received your cancellation or the day we confirmed to you via e-mail that you were entitled to a refund for delivery of the defective Product.
Orders cancelled by you because of a defect or as a result of our default will be refunded in full. In relation to Print Products returned by you because of a defect the full refund will include a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
Products cancelled (and in the case of Download Products not accessed or downloaded) by you within the seven-day cooling-off period (see Paragraph 6 above) will be refunded in full, including the cost of sending the item to you. However, in relation to Download Products you will be responsible for the cost of deleting the Product from any media on which it has been recorded or stored pursuant to Paragraph 6 above and in relation to Print Products you will be responsible for the cost of returning the item to us.
11 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.
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;
(c) for fraud or fraudulent misrepresentation; or
(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.
12 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.
13 NOTICES
All notices given by you to us must be given to The London Fire and Emergency Authority at lfbphotos@london-fire.gov.uk. 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.
14 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.
15 EVENTS OUTSIDE 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.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(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.
16 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 14 above.
17 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.
18 ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them (including the Privacy Policy and Terms of Use) 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.
19 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).
20 COMPLAINTS
Complaints can be made to lfb photos via email, lfbphotos@london-fire.gov.uk, or you can telephone us on 020 8555 1200 Ex 30370, between 9.00 am and 4.00 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.
21 DATA PROTECTION, PRIVACY AND TERMS OF USE
Our data protection and privacy policy is set out at [http://www.lfbphotos.com/assetbank-lfb/action/viewPrivacy]
You agree to comply with the terms set out herein and those set out in our Terms of Use [http://www.lfbphotos.com/assetbank-lfb/action/viewExtraConditions].
22 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 shop is strictly forbidden, unless this occurs incidentally while using the Website for private and non-commercial use.
Our logo and badge are registered trademarks. A licence needs to be obtained from justina.leitao@london-fire.gov.uk if you wish to reproduce them.
Any unauthorised use 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 Design and Patents Act 1988.
23 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.