Terms & Conditions


These Terms and Conditions must be read in conjunction with our Privacy and Security Policy Statement (click here to review the Privacy and Security Policy). By entering this website, "you" the User accept without limitation the Terms and Conditions "Terms" set out herein. If you do not accept the Terms and Conditions you should exit this website.

 

If you have any questions relating to these Terms and Conditions please contact our customer service team at service@kingandmcgaw.com



  1. SERVICE PROVIDER

    King & McGaw Ltd has been appointed by Imperial War Museums (IWM) "the Image Owner" to be the provider of services in connection with this Print on Demand service, including the ordering and fulfilment of images through this website and is acting as their appointee in respect of this service.

     King & McGaw Limited is a company registered in England no. 03850720 Registered office: 4A Kingfisher Court, Bellbrook Business Park, Uckfield TN22 1QQ, UK and its principal office is located at New Road, Newhaven, East Sussex BN9 0EX, UK Contact service@kingandmcgaw.com for further details.



  2. LIMITED LICENCE

    You are granted a limited licence to download material contained on this website to a personal computer for the purpose of making your image selection in order to place an order through our on-line purchase system. Any other uses of any or all of the materials on this website (including reproduction, modification, distribution or republication) is strictly prohibited. PictureCabinet and the IWM and their suppliers and licensors retain all right title interest and intellectual property rights. You may not distribute, sell or transmit any material and you are not permitted to alter, modify or adapt the material, including but not limited to translating, decompiling, reverse engineering or creating derivative works of the software. All copyright trade mark and other proprietary notices displayed on any item must remain intact.



  3. USAGE OF PRINTS

    Prints are sold for personal private use only. The customer may not otherwise make use of (including scan, adapt, alter, crop or manipulate) or distribute copies of the images for any purpose, including private publishing or websites. Prior permission must be sought for any other use of this material, for which separate terms and conditions apply. Please contact the IWM’s image licensing team for further details about permissions: imagesales@iwm.org.uk


    All prints are of made from material in the ownership of, or copyright of, the IWM, or are provided by the IWM with the permission of the rights holders. The moral rights of the IWM and all creators of the works represented have been asserted. The customer must ensure that the material is not re-used in any way detrimental to the image, or in a way liable to trivialise, sensationalise or demean the subject matter.



  4. ORDER RECEIPT AND FULFILMENT

    On placing an order you authorise us to transmit and update information about you, and to obtain from third parties other information, for the purpose of processing your payment only. All information and details provided by you must be true and accurate. We do not store financial details (credit or debit card numbers). For more information click here to review our Privacy and Security Policy and Statement.


    We will notify you by email to confirm the successful receipt of your order. Please note: spam settings on certain email accounts may reject these emails.

     


    We will make all reasonable endeavors to ensure that we only offer for sale on those products that are available at the time of order. However we reserve the right to cancel an order in the case that it cannot be fulfilled. In such circumstances, we will refund the full cost of the order.



  5. PRIVACY AND SECURITY

    We take the privacy of all our customers and website users very seriously and take great care with the information we obtain, in accordance with current data protection legislation (click here to review our Privacy and Security Policy and Statement). By using this website you consent to us collecting and using personal information about you in accordance with the terms set out therein.



  6. PRICING

    We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time you place your order. Although we aim to keep the website as up to date as possible, the information including product descriptions and prices appearing on this website may not always reflect the position exactly at the moment you place an order.


    Prices are in Pounds (£) Sterling, and include tax if applicable. VAT is only applicable to countries within the European Union. Our VAT registration number is GB 830 4209 63.



  7. DELIVERY

    Delivery charges will be added to your order at the time of checkout and the total charge for your order will be indicated prior to you entering your payment details. A delivery note will accompany your order indicating the quantity and value of the order, together with details of where to return items in the event of damage or other cause for returning the goods.


    We will deliver to any UK Postal area including Northern Ireland and the Channel Islands and any overseas location within the range of our appointed International Carrier. We deliver to permanent addresses only. The delivery times stated on the website are our best estimate at the time of order and maybe subject to matters outside of our control. We will advise you by email of the dispatch date and if delivery fails to arrive within 7 - 10 days after that date you should contact our Customer Services Team at service@kingandmcgaw.com  stating your order number, name and delivery address.



  8. CANCELLATION POLICY

    All prints are custom-produced to order. Each order is sent to print 2 hours after being placed. We can only guarantee full cancellation and refund of your order if you contact us within 2 hours of placing your order. Any refunds granted will be credited to the Debit or Credit Card used at the time of order processing. To cancel an order you should contact our Customer Services Team at service@kingandmcgaw.com stating your order number, name and delivery address.



  9. RETURNS AND REFUND POLICY

    We will make every reasonable effort to ensure that the goods delivered are to your satisfaction.

    Framed Items:
    As all framed items are custom-made to order, cancellation of these items is not possible after the order has been placed and accepted unless they are faulty or not as described.

    Unframed Items:
    Under the Consumer Protection (Distance Selling) Regulations 2000 you have the right to cancel orders containing only unframed items within a period of 7 working days. You must inform us of your wish to cancel in writing either by letter or email within a period of 7 working days. The period of 7 working days begins on the day after the day you receive your goods. You must take reasonable care of the goods and not use them. You should return goods to us in their original packaging, wherever possible, as soon as possible after informing us of your wish to cancel. If you return goods to us, we will not be responsible for any loss or damage to them during transit and we recommend that you use a recorded or secure delivery method. If goods are lost or damaged in transit, we may charge you, or not refund to you, amounts that are attributable to the loss or damage.

    Any refunds granted will be credited to the Debit or Credit Card used at the time of order processing. For full details of your rights under the Distance Selling Regulations, please contact your Citizens' Advice Bureau or a solicitor.



  10. COPYRIGHT
    1. General

      The use of any material contained on this website is strictly prohibited for use on any other internet site. This website and all content including but not limited to its design, text, graphics, selection and arrangement is either Copyright © of King & McGaw or of the Imperial War Museums as appropriate and may not be reproduced or appropriated in any manner. The trade marks ™ and trade names depicted are proprietary to King & McGaw or the Imperial War Museums as appropriate. Third party images, trademarks and brands which may be included on the website may not be reproduced or appropriated in any manner without the written permission of their respective owners. Any link established with this site shall not permit you to use our or third party content names logos images or trademarks unless separately agreed to in writing by the relevant rights-holder. Nothing in this agreement is intended to override your statutory rights and exceptions under the Copyright, Designs and Patents Act 1988, as amended and revised.

    2. Images

      The Imperial War Museums is committed to respecting third party rights, as well as ensuring that it pursues infringements of Imperial War Museums Intellectual Property Rights, where appropriate, so that it can fully use and exploit its own assets and safe guard its collections on behalf of the public.


      The Imperial War Museums makes all reasonable efforts to trace rights holders and obtain their consent to publish material represented on this site and ensure that all attribution statements are correct. The Imperial War Museums would like to hear from any copyright owners who are not properly identified on this site so that we may make the necessary corrections. The Imperial War Museums has acted in good faith at all times and on the best information available to us at the time of publication.


      If anyone considers that their copyright has been inadvertently infringed, please contact ccmsprojectteam@iwm.org.uk. For any other copyright queries, please contact the museum on copyright@iwm.org.uk.

    3. Software

      Subject to this clause, King & McGaw will indemnify you for your reasonable costs and all damages awarded under any final judgment by a court of competent jurisdiction or agreed by King & McGaw in final settlement to the extent that the Software used for this website infringes the copyright or intellectual property rights of any third party provided that you make no statement prejudicial to King & McGaw or the Imperial War Museums and such infringement is not caused by or contributed to by your acts other than use in accordance with these terms and King & McGaw is promptly notified in writing of the claim details and have sole control of the defence of such claim and all related settlement negotiations and you give King & McGaw all reasonable assistance at King & McGaw's expense in connection with it.



  11. DISCLAIMER

    This website and its contents are provided without any representations or warranties of any kind either express or implied. We disclaim all representations and warranties including by way of example but not limitation as to fitness for a particular purpose to the fullest extent permitted by applicable laws. You the user assume all costs arising as a result of the use of this website.

     


    We do not represent or warrant that the information and/or facilities accessible via this website are accurate complete or current or that this website will be free of defects including, but not limited to viruses or other harmful elements.


    When this website contains links to other sites we are not responsible for the content of any such site linked to or from this website and we disclaim all warranties express or implied as to the accuracy legality reliability or validity of any content on any other site.



  12. INDEMNITY

    You agree to indemnify, defend and hold King & McGaw, the Imperial War Museums and all licensors and partners "the Indemnified Parties" harmless from and against any and all liability and costs including without limitation legal fees and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms. You will co-operate as fully as reasonably required by us in our defence of any claim. We reserve the right at our expense to assume the exclusive defence and control of any matter and you shall not in any event settle any matter without our written consent. Those who choose to access this website do so at their own risk and are responsible for compliance with all local laws to the extent any such local laws are applicable.



  13. SUSPENSION AND TERMINATION OF SERVICE

    Without prejudice to these terms and conditions we may suspend or discontinue this website and service or your access to the same or any other site at any time with or without cause and with or without notice. We reserve the right to suspend or terminate any use by you of this website where it appears to us that your use is in breach of these Terms including the provision of false registration details or other misuse of the services offered through this website and we may pursue any other remedy legally available to us if you fail to comply with any of your obligations contained in these Terms.



  14. LIMITATION OF LIABILITY

    While we make every effort to ensure the accuracy of the information and copyright of material on this website, any and all liability which might arise from your use of and reliance on the information contained on the website is excluded.


    As permitted by applicable laws neither King & McGaw or the Imperial War Museums will be liable for loss or damages arising out of, or in connection with, the use of this website including but not limited to indirect or consequential loss or damages, loss of data income profit, or loss of or damage to property and claims of third parties even if we have been advised of the possibility of such loss or damages or such loss or damages were reasonably foreseeable.



  15. AMENDMENT TO THESE TERMS AND CONDITIONS

    We may add to change or remove any part of these Terms at any time . By continuing to use this website after any changes are displayed you indicate your acceptance of those changes.



  16. GOVERNING LAW

    These Terms shall be construed in accordance with and governed by English law and each party agrees to submit to the exclusive jurisdiction of the English court.