Terms & Conditions
Thank you for visiting the Amgueddfa Cymru on-line picture library. These terms and conditions apply to the supply of images from our on-line picture library via our website www.museumwales.ac.uk. Please read these terms and conditions carefully before placing an order for any images from our site. You should understand that by placing an order for the supply of images from us you agree to be bound by these terms and conditions unless we have expressly agreed otherwise with you.
1. About Uswww.museumwales.ac.uk is a site operated by National Museums & Galleries of Wales Enterprises Limited (NMGW Enterprises Ltd), a private limited company (company number: 2449224 and VAT number GB 783454110) whose registered office (and trading address) is at Cathays Park, Cardiff CF10 3NP (“NMGW”).
NMGW Enterprises Ltd is a wholly owned subsidiary of Amgueddfa Cymru — National Museum Wales. All profits made by NMGW Enterprises Ltd are returned to Amgueddfa Cymru — National Museum Wales to help support its work.
For the purpose of these terms and conditions the following definitions have the following meanings:
|“Contract”||means the contract between us and you formed in accordance with Condition 3;|
|“Fees”||means the total amount payable by you for the supply of Images pursuant to Condition 7;|
|“Images”||means the picture image or images to be supplied by us to you under the Contract, in either digital, CD, photographic or transparency format;|
|“Licence”||means a licence to use the Images issued by us to you pursuant to Condition 4.3;|
|“Order”||means an order for the supply of Images made by you via our website;|
|“Order Acknowledgement”||means our written acceptance of your Order sent to you by email;|
|“Permitted Use”||means the use of the Images as permitted by us and as set out in the Licence;|
|“we”, “us” and “our”||means National Museums & Galleries of Wales Enterprises Limited;|
|“you” and “your”||means the person from whom we receive an Order for the supply of Images.|
3. Contract Formation
Your Order is an offer to us to supply the Images to you subject to these terms and conditions and is subject to acceptance by us. Your Order is only accepted by us and a contract formed between you and us when we issue an Order Acknowledgement.
4. Supply of Images
4.1 All and any Images supplied to you under a Contract in whichever format requested by you remain the property of the National Museum of Wales at all times.
4.2 We own all and any rights in and to the Images including, without limitation, copyright subsisting in the Images. You are permitted to use the Images for the Permitted Use set out in the Licence and for a limited period only.
4.3 Once you have placed an Order we will issue you a Licence for the use of the Images which must be signed and returned to us before we dispatch the Images. A sample of our template Licence can be seen by clicking here [insert link to template Licence].
4.4 Notwithstanding the terms of the Licence, you agree:
- (a) not to cut down, deface or “mask out” any of the Images in any way whatsoever;
- (b) not to make any duplicates of Images sent via transparency or CD format for any reason;
- (c) not to store the Images or any of them in whatever format provided to you electronically or otherwise;
- (d) to keep the Images in good condition, secure and safe at all times whilst they are in your possession or control;
- (e) to destroy all downloadable or digital Images (including CDs) supplied to you upon completion of the Permitted Use or expiry of the term of the Licence, whichever is earlier;
- (f) to return the Images in transparency or photographic format to us by the date specified in the Licence. Failure to return the Images by such return date will result in an additional fee of £100
- (g) to add a credit line to all Images as follows: “Amgueddfa Cenedlaethol Cymru — National Museum of Wales”;
- (h) not to publish the Images (in accordance with the Permitted Use) until such publication has been pre-approved by us via email, such pre-approval not to be unreasonably delayed or withheld.
5. Delivery of Images
5.1 Except where the Images are being delivered by download, we will deliver the Images to the address supplied by you in the Order.
5.2 We will endeavour to deliver to you as follows:
- (a) for delivery to a UK address, within seven (7) Working Days (i.e. Monday to Friday, excluding weekends and UK public holidays) after you place your order;
- (b) for delivery to an EU address (other than the UK), within ten (10) Working Days after you place your order; and
- (c) for delivery to an address outside of the EU, within fifteen (15) Working Days after you place your order.
5.3 Any delivery dates provided by us will be estimates only and you will not be entitled to refuse to accept late delivery or treat late delivery as a breach of contract by us.
5.4 In the case of downloadable Images, we will make the Images available for download from our FTP (File Transfer Protocol) server for a period of one month from the start of the term of the Licence.
6. Cancellation and Returns policy
6.1 If you choose to cancel an Order after the Images have been dispatched we reserve the right to charge you 50% of the fees (excluding VAT and delivery charges) at our discretion.
6.2 Subject always to the provisions of Condition 10, in the event that the Images are in any way damaged or incomplete on delivery, you must notify us within 7 days either by email, telephone or in writing and return the Images to us promptly thereafter.
6.3 We will examine the returned Images and will notify you whether we agree the Images are defective via e-mail within a reasonable period of time. If we agree that the Images are defective, we will provide replacement Images within 7 days
7. Fees and Payment
7.1 The fees payable for the supply of Images are as set out on our website at the time that you place an Order. The fees are quoted in £ (pounds sterling) and are shown exclusive of VAT and delivery charges which will be charged at the rates applicable at the date you place your Order [insert link to delivery charges]. The fees are payable in pounds sterling (GBP) unless agreed otherwise with you.
7.2 The fees together with the applicable delivery charges will be payable by you within 30 days of the date of our invoice at the latest, although you can choose to pay immediately on-line in the alternative. VAT will be charged to all customers within the European Union unless such customer provides a valid VAT registration number in which case VAT will not be charged.
7.3 Payment can be made on-line using any of the following debit or credit cards: JCB, Solo, Switch (UK), Mastercard, Visa, Visa Delta, Visa Electron and Visa Purchasing. Payment is made via the “Paypal” system.
8. Import Duties
8.1 If you place an order for Images for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
8.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
9. Security and PrivacyNeither we nor Paypal will retain your credit card details after your order has been processed. However, if you would like us to retain your e-mail and postal details so that we can keep you informed of news and offers, then you can opt in at the time of your Order. We will not pass your personal details on to any third party.
10. Limitation of Liability
10.1 As far as permitted by law, we do not provide any warranties express or implied in respect of the Images, their quality or fitness for purpose.
10.2 We shall not be liable to you for:
(a) any statement made (unless fraudulent); or
(b) any indirect, special or consequential loss, costs or expense arising out of or in connection with the supply of the goods.
10.3 Save in respect of death or personal injury caused by our negligence, our entire liability under or in connection with the Contract shall not in any event exceed the Fees.
11. Events outside our Control
If we are unable to perform any of our obligations under the Contract by reason of any event or circumstances beyond our control including, for example, non-availability of Images for whatever reason, such failure shall not be regarded as a breach of our obligations and/or the Contract until such time (if any) as we are able to perform such obligations.
12.1 Without prejudice to any other rights which may be available to you whether under these conditions or at law, if you:
- (a) breach any of the provisions of the Contract; or
- (b) breach of the provisions of the Licence; or
- (c) become insolvent
we shall have the right to terminate the Contract forthwith on giving you written notice.
12.2 Upon termination of the Contract, the Licence will automatically terminate and the Images must be immediately returned to us or destroyed by you (as applicable).
13. Entire Agreement
13.1 These terms and conditions and any document expressly referred to in them, including without limitation the Licence, represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior arrangement, understanding or arrangement between us, whether oral or in writing.
13.2 We and you each acknowledge that, in entering into a Contract, neither of us nor you has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us and you prior to such Contract except as expressly stated in these terms and conditions.
14. Right to Vary these Terms and Conditions
14.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
14.2 You will be subject to the terms and conditions in force at the time that you order Images from us, unless any change to 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 these terms and conditions before we send you the Order Acknowledgement (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 two (2) Working Days of receipt of the Order Acknowledgement).
15. Rights of Third Parties
Neither we nor you intend that any of these conditions should be enforceable, by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise, by any person who is not a party to the Contract.
16. Governing Law and Jurisdiction
16.1 These conditions and the Contract shall be governed by and construed in accordance with the laws of England and Wales.
16.2 If any of these conditions (or part thereof) is held by any court or other competent authority to be invalid, void or unenforceable it shall be deleted and the remaining conditions shall continue in full force and effect and if necessary be amended so far as may be required to give effect to these conditions.
17. Comments or Complaints
If you have any questions, comments or complaints please contact the Image Licensing Officer on (029) 2057 3280.