YOU
MUST READ AND AGREE TO THESE TERMS & CONDITONS BEFORE BUYING ANYTHING
FROM THIS SITE.
"BUYER" means the
customer of Mortons Media Group Ltd or its subsidiaries.
"CONDITIONS"
means the standard terms and conditions of purchase set out in this
document and (unless the context otherwise requires) includes any special
terms and conditions agreed in writing between the Buyer and the Seller
"CONTRACT" means the contract for the sale and purchase of the Goods
and (as the case may be) the supply and acquisition of the Services
"DELIVERY ADDRESS" means the address stated on the Order
"GOODS" means the items described in the Order
"ORDER" means the Buyer's purchase order to which these Conditions are
annexed
"PRICE" means the price of the Goods and/or the charge for the Service
"SELLER" means the person so described in the Order
"SERVICES" means the services (if any) described in the Order
"SPECIFICATION" includes any specific requirements relating to the Goods
or Services requested by the Buyer
"WRITING" includes telex, cable, email, facsimile transmission and comparable
means of communication
PHOTOGRAPHS PURCHASED ON THIS WEBSITE (MAGAZINE PHOTO ORDERING) MAY ONLY BE USED FOR PERSONAL USE.
1.
General
1.1 Every contract for the supply of goods by the Seller to the Buyer
is subject to these conditions. All other conditions and terms whether
implied by statute, common law, or trade usage, or expressed by the
Buyer are hereby excluded save for conditions expressly accepted by
the Seller in writing and conditions and other terms which cannot be
excluded by law. The statutory rights of the Buyer shall not be affected
by these conditions.
1.2 Any reference in these Conditions to any provision of national or
supranational primary or subsidiary legislation shall be construed as
a reference to that legislation as amended, re-enacted or extended at
the relevant time
1.3 The Seller may decline any order upon receipt and may revise any
quotation at any time prior to acceptance of the Order
1.4 All communications to the Seller by the Buyer must be properly and
accurately addressed and in the event that the Buyer fails so to properly
and accurately address such communications the Seller shall not be liable
for any consequential loss, damage, detention or injury of any kind
whatsoever and howsoever arising
1.5 An order once accepted cannot be cancelled except by mutual agreement
and then only on terms which would fully indemnify the Seller.
1.6 You may not assign, sub-licence or otherwise transfer any of your rights under this Agreement. If any part of this Agreement is found to be invalid by any court having competent jurisdiction the validity of the remaining terms will be unaffected. If either party does not exercise any right or remedy under this Agreement, this will not be taken to mean that such right or remedy has been waived.
2. Warranties and liability
2.1 The Seller warrants to the Buyer that the Goods:
2.1.1 will be of satisfactory quality (within the meaning of the Sale
of Goods Act 1979 as amended) and fit for any purpose held out by the
Seller or made known to the Seller in Writing at the time the Order
is placed;
2.1.2 will correspond with any relevant Specification or sample; and
2.1.3 will comply with all primary and secondary statutory requirements,
EC Council Directives and Commission Decisions relating to the production,
sale, importation and public health of the Goods
2.2 The Seller shall not be liable for defects in the goods purchased
arising from fairwear and tear, wilful damage, negligence, abnormal
use, misuse or alteration by the Buyer.
2.3 The Seller shall not be liable, or be deemed to be in breach of
the Contract by reason of any delay in performing, or any failure to
perform, any of its obligations in relation to the Goods or the Services,
if the delay or failure was beyond the Sellers reasonable control. Without
prejudice to the generality of the foregoing, the following shall be
regarded as causes beyond the Sellers reasonable control
2.3.1 Act of God, explosion, flood, tempest, fire or accident;
2.3.2 war or threat of war, sabotage, insurrection, civil disturbance
or requisition;
2.3.3 acts, restrictions, regulations, bye-laws, prohibitions or measures
of any kind on the part of any governmental, parliamentary or local
authority;
2.3.4 import or export regulations or embargoes;
2.3.5 strikes, lock-outs or other industrial actions or trade disputes
(whether involving employees of the Seller or of a third party);
2.3.6 difficulties in obtaining raw materials, labour, fuel, parts or
machinery;
2.3.7 power failure or breakdown in machinery
2.4 Except in respect of death or personal injury caused by the Sellers
negligence, the Seller shall not be liable to the Buyer for any representation,
or any implied warranty, condition or other term, or any duty under
common law, or under the express terms of the contract, for any consequential
loss or damage, whether indirect or direct, for loss of profits or otherwise,
which arise out of or in connection to the supply of goods to the Buyer
except as expressly provided in these conditions.
3. Delivery and Acceptance
3.1 The Goods shall be delivered to, and any Services shall be performed
at, the Delivery Address on the date or within the period stated in
the Order. Where the date of delivery of the Goods or of performance
of the Services is to be specified after the placing of Order, the Seller
shall give the Buyer reasonable notice of the specified date.
3.2 Where the contract provides for deferred deliveries there shall
be deemed for the purposes of this clause to be a separate contract
for each delivery and payment for each delivery shall be due for payment
as stated in that order. Any failure or defect in any one delivery shall
not vitiate the contract as to the remaining deliveries nor shall the
Buyer seek to set off against any price due to the Seller in respect
of any delivery any claim it alleges against the Seller in respect of
any other delivery
3.3 While every effort will be made by the Seller to effect delivery
in accordance with any pre-arranged dates no guarantee as to dates of
delivery is to be implied and the Seller will not accept liability for
any loss or damage occasioned by delay in delivery however caused
3.4 Risk of damage or loss shall pass to the Buyer at the time of delivery.
4. Return of goods
4.1
The Buyer shall inspect the goods upon delivery and if they do not correspond
in nature to the goods ordered or are defective, then the Buyer shall
notify the Seller as soon as is reasonably practicable. The Seller will
then make arrangement with the Buyer to return and replace the goods.
4.2 At the Sellers discretion, goods which are non defective and in
new condition may be returned within 30 days of delivery for full credit
excepting carriage which is the responsibility of the Buyer.
5. Retention of title
5.1 Copyright for ALL images purchased from this site remain the sole property of Mortons Media Group Ltd.
6. Changes
6.1
The Seller reserves the right to substitute goods of an equivalent or
better specification or design.
6.2 Pricing Errors
Although we make every effort to ensure the prices on the website are
correct, mistakes may sometimes be made. If we discover a mistake in
the price of the products you have ordered, we will tell you and give
you the option of either reconfirming your order at the correct price
or cancelling your order. If we are unable to contact you or we receive
no reply from you, we will cancel your order. If your order is cancelled
and you have already paid for the products you will receive a full refund.
7. Entire Agreement
7.1 These conditions contain the entire agreement between the parties with respect to its subject matter, supersedes ail previous agreements and understandings between the parties, and may not be modified except by an instrument in writing signed by the duly authorised representatives of the Seller.
8.
Payment
8.1. You agree to pay all fees and charges incurred in respect of photographs you buy from this website.
8.2. All fees and charges are non-refundable. If you have queries in relation to the refund of fees and charges please contact mortonsarchive@mortons.co.uk
9. Representations
9.1 The Buyer acknowledges that in entering into an agreement with the Seller it does not do so on the basis or in reliance of any representation warranty or other provision except as provided in these Conditions and accordingly all conditions, warranties or other terms implied by statute or common law are hereby excluded to the fullest extent permitted by law and for the avoidance of doubt no employee of the Seller has authority to make any statement or representation about the goods or services or work done and supplied under this Agreement
10. Enforceability
10.1 If any provision of this Contract is held by any court or other competent authority to be void or unenforceable in whole or part the other provisions of this Contract and the remainder of the affected provisions shall continue to be valid
11. Jurisdiction
11.1
These conditions shall be governed by and construed in all respects
in accordance with the laws of England and the Buyer agrees to submit
to the non-exclusive jurisdiction of the English Courts
!2. Offers,
Specials and pricing
Prices offered on
this website supercede published prices in our magazines, and are subject
to change.

