Terms and Conditions
1. Introduction
1.1 This website (“the Website”) is operated by Iconic Images Limited (Company No. 521563) whose registered office is at Segrave House, First Floor, 19/20 Earlsfort Terrace, Dublin 2, Ireland (“we” “us” “our”).
1.2 These terms and conditions (“the Terms”) apply to the use of the Website and shall be read in conjunction with the Privacy Policy and (if applicable) any other incidental agreements and information listed on the Website and shall together form the agreement between you and us (“the Agreement”).
1.3 It is important that you read and understand these Terms before using the Website. By accessing or using the Website you agree to be legally bound by these Terms, as they may be modified from time to time. If you do not agree to these Terms, please do not use the Website.
1.4 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms, and that they comply with them.
1.4 We reserve the right to change these Terms at any time. Amendments will take effect when posted on the Website.
1.5 You acknowledge and agree that if you are an individual then once we have commenced the provision of our services you shall not be entitled to cancel the Agreement under the Consumer Protection (Distance Selling) Regulations 2000 or by such other consumer regulation as may apply from time to time.
2. Our Services
We creatively release the value of photographers in multiple markets from fine art to merchandise. We acquire, represent, reproduce and sell images from celebrated photographic archives. We publish books, create exhibitions across thirty cities worldwide, collaborate with leading fashion retailers and license images for merchandise.
3. Iconic Store
3.1 Order Cancellation
A customer may cancel an order between placing the order and up to 14 days after receipt of the goods. If the cancellation happens after the goods have been despatched then a refund will be made within 14 days of receipt of the goods back at Iconic Images or 14 days within receiving proof of postage from the customer, if earlier. The cost of returning the goods to Iconic Images will be the responsibility of the customer.
Please advise us of your intention to cancel. Our email address is online@iconicimages.net
3.2 Returning items
If you are not completely satisfied with your purchase, you may return it to us in its original condition within 30 days of receiving your delivery or collection notification email for a refund, without needing a specific cause, although the buyer is responsible for the cost of returning the goods. However, if the return is due to an error that we or our service providers have made, or a damaged/faulty item, return of the item will be dealt with on a case by case scenario.
3.3 Specific reasons for returning goods:
DAMAGE – If the item is damaged upon receipt or collection please contact online@iconicimages.net within 7 days. The time limit for return is still 30 days for your convenience.
LATE DELIVERY – Courier services will only be refunded or replaced if the tracking details show that the goods have not been signed for at the correct address. If the goods are delayed through customs or issues with the receiver of the goods Iconic Images will not refund or replace. Should delays occur in the delivery that are caused by the courier a discretionary refund to reflect the level of service may be provided.
3.4 Returns Procedure
All returns should be securely wrapped and sent, with the original packing slip and reason for the return, to the following address:
Iconic Images
63 Lisson Street
London
NW1 5DA
Please contact Iconic Images Returns Team online@iconicimages.net before returning your product so that we know to expect your return.
3.5 Order Progress
If your order hasn’t arrived within the quoted delivery time you can inquire into the status of your order by e-mail to online@iconicimages.net.
3.6 Responsibility for Local Taxes and Duties
The UK sales tax of Value Added Tax (VAT) is not payable on books, but is applied at 20% to all other products including but not limited to apparel and fine art prints.
VAT is only charged on deliveries within the European Union.
3.7 When we ship products for delivery outside the United Kingdom, the recipient is liable for any local taxes or import duties that may be payable.
Iconic Images can take no responsibility for this and if the goods are returned due to unpaid tax the costs will not be refunded as the sale has been completed. The goods can be re-despatched with a further charge for dispatch at the customer’s request.
3.8 Security of Credit Card Payment Options
This site uses encryption and secure (SSL) servers to help ensure the privacy of any information that you provide. However, the security of information and payments transmitted via the Internet cannot be guaranteed. Any losses incurred or sustained by users who transmit information by means of e-mail or other internet link shall be borne solely and exclusively by such user and in no event shall any such losses in whole or part by borne by Iconic Images.
3.9 Data Protection
Iconic Images undertake not to divulge to any third party any information concerning customers that would be in breach of the Data Protection Acts.
3.10 Promotional codes and discounts
Iconic Images may occasionally provide customers with codes that can be entered during checkout or are built into external links that are used to obtain further discounts on our website. The following terms apply.
Discounts are only available on www.iconicimages.net unless specifically stated to include other domains or stores as listed for the particular promotion.
As standard some items are excluded from all promotional discounts.
Iconic Images can change the items available for or excluded from discounts at any time and without warning.
Some codes will have a list of available items and all other items will be excluded. Where possible we will try to make it clear which products are available but if there is any doubt please contact our Customer Services Team – online@iconicimages.net
Discounts may be time limited. If a discount code is not used within the allotted time Iconic Images will not provide a replacement code. Discount codes can only be used at time of purchase and not retrospectively.
Discount codes cannot be used with any other voucher, coupon or offer. This includes Student Discounts.
Discount codes are exclusive of online postage and packaging and gift-wrapping charges.
ALL discounts are only completed at the point of sale not at order. As the cost of goods to Iconic Images is often unknown at the time of order Iconic Images reserves the right to withdraw an item from the discount code after this information becomes available if the discounted value is less than Iconic Images cost of purchase. Wherever possible Iconic Images will agree a fair price with the customer, but if this is not possible the order will be cancelled.
Where a product is substituted in an order placed with a promotional code the replacement product must fall within the original codes product range or other terms to qualify. If it does not the standard online price and terms will be applied.
An individual promotional code may have specific terms and conditions which apply to it. and will be provided to the user when the code is provided.
4 Competitions Terms and Conditions
4.1. No purchase necessary, e-mail sign up required only.
4.2. To be eligible, sign ups must be received on or before the competition closing date, as stated on the competition page.
4.3. The competition is open to all residents worldwide. Parents/guardians must submit the entry for those under the age of 16.
4.4. The prizewinners will be decided by random. Iconic Images will not enter into correspondence about the choice of winners. The prizewinners will need to respond within one week of being contacted by email; otherwise the prize/s will be awarded to another correct entrant selected at random.
4.5. The competition ends as specified on the competition page; no entry received after that time will be considered.
4.6. The promoter reserves the right to amend the specification of the prizes or offer alternative prizes of equal or greater value.
4.7. The prizewinners will be notified by email. If any of the selected entrants do not meet all of the contract conditions, other entrants will be selected from the remaining eligible entries.
4.8. The competition is not open to employees Iconic Images.
4.9. The decisions of the contest judges are final. The prizes must be accepted as awarded.
4.10. The right is reserved to terminate or withdraw this contest at any time.
4.11. Entry to the competition is conditional on acceptance of these terms and conditions.
4.12. The email address you provide to enter the competition will be used by us to contact you if necessary. Should a prize be sent out by a partner organisation, Iconic Images may share the winner’s details with the organisation for the purpose of delivering the prize only. The winner’s details will not be used for commercial use, unless the individual has opted in to receive communication. Iconic Images will only use your details in compliance with the provisions of the Data Protection Act 1998 and in accordance with our privacy policy.
4.13. No responsibility is accepted for ineligible entries or entries made fraudulently. Automated entries are not permitted and will be disqualified.
5. Changes to the Website and/or services
We aim to update the Website regularly and may change the content and services at any time. We reserve the right to improve, amend, or suspend the service provided on the Website or close the Website indefinitely at any time without notice. Any of the content on the Website may be out of date at any given time and we are under no obligation to update such content. We will not be liable if for any reason the Website is unavailable at any time or for any period.
6. Registration of your account
6.1 If you choose to open an account with us no fee is payable but you are required to register with us by completing and submitting the registration form.
6.2 By using the Website you warrant that you are at least 18 years old. If you are an individual and you are under the age of 18, you agree to get a parent’s or guardian’s consent before registering for an account.
6.3 Once you have registered an account with us, you can log into your account using your email address/user identification code and/or a unique password which will be sent to you by us via email.
6.4 For the purposes of verifying your identity we may use the data provided by you to establish the veracity of all the registration details you have provided when registering with the Website, and your entitlement to use the Website and any services.
6.5 You are solely responsible for the accuracy, legality, currency and compliance of such detail and will be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein.
6.6 We reserve the right to terminate suspend or restrict accounts without notice to you should you commit any breach of these Terms or in our reasonable discretion we believe that it is your intention to commit a breach of this Agreement or that you are acting contrary to the spirit of this Agreement.
7. General Conduct
7.1 Registered users may only create and maintain one profile page.
7.2 We grant you a limited licence to access and make use of the Website in accordance with the Agreement, but not to modify, reproduce, duplicate, copy or re-sell it or any part of it, or otherwise exploit it for any commercial purpose or gain except for those specific purposes set out in this Agreement or otherwise with our express written consent.
7.3 You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You must not attempt to gain unauthorised access to the Website, the server on which it is stored or any server, computer or database connected to the Website. You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.
7.4 You must not use the Website for any fraudulent purposes, or in connection with a criminal offence or other unlawful or immoral activity, to send, use or reuse any content or material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing or that will infringe copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties, or objectionable, or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam” – to cause annoyance, inconvenience or needless anxiety.
8. Information and Content Provided by You
8.1 Any information and content posted, uploaded, or otherwise sent by any means by you to the Website shall be legal, decent, honest and truthful, shall not infringe any third party’s rights, shall not be obscene, blasphemous or defamatory and shall not contain any viruses or other malicious computer programming routines. Without limiting the above, all information you provide shall be accurate and complete.
8.2 You agree that you will not publish your contact information or any other information or data in the publicly-accessible parts of the Website. You agree that you will not publish the contact information or the information of any other person in the publicly-accessible parts of the Website (whether or not such persons are users of the Website) or elsewhere, or communicate such information to any other person whether in electronic or any other format.
8.3 Any information provided by you to us will be used by us in accordance with the Data Protection Act 1998 and our Privacy Policy.
8.4 You waive all moral rights you have in any content and information provided by you to the fullest extent permitted by law.
9. Your Licence to Us
By submitting any content or information to us you agree to grant us a non-exclusive license and all the necessary rights throughout the world to reproduce, edit, change, copy, adapt and otherwise make such content available on the Website. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
10. Intellectual Property Controlled by Us
10.1 All content and all compilation of content included on the Website which is not provided by you, including but not limited to text, graphics, logos, icons, photographs and images, audio clips, digital files, data compilations and software, is our property or is licensed by us and is protected by copyright, database and trade mark right laws in England and internationally.
10.2 You may download, extract and/or re-utilise parts of the contents of the Website subject to this Agreement.
10.3 For the avoidance of doubt you may not utilise any data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website without our express written consent. You may not create and/or publish your own database that features substantial parts of the Website without our express written consent. Our status (and that of any identified contributors) as the authors of material and content on the Website must always be acknowledged. You will indemnify us against any loss, damages, costs, expenses (including reasonably legal fees) or other claims arising from any breach of the above warranties you commit.
11. Links
11.1 We have no control over the content of third party sites and cannot guarantee the reliability of any links to third party sites nor can we provide any guarantees or accept any liability in respect of the content on such third party sites.
11.2 You may link to the Website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards in this Agreement.
12. Security
12.1 You are solely responsible in all respects for all use of and for protecting the confidentiality of your account and password, which may be given to or selected by you for use on the Website. You must immediately notify us of any unauthorised use of them or any other breach of security.
12.2 Any losses incurred or sustained by you in transmitting information shall be borne solely and exclusively by you and in no event shall any such losses in whole or in part be borne by us. If you are using a public computer, you must sign out when you have finished using the Website.
13. Compliance with Laws
You agree to comply with all applicable laws, statutes and regulations concerning your use of the Website.
14. Liability
14.1 We shall not be liable to you by reason of any representation (unless fraudulent) and all warranties, conditions or other terms, implied by law are excluded to the fullest extent permissible. We shall not be liable for any loss of goodwill or reputation, profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by our negligence, servants or agents or otherwise), which arise out of or in connection with the provision of the material by you.
14.2 Any content or material posted on the Website is not intended to amount to advice on which reliance should be placed and we therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.
14.3 Your acceptance of this Agreement also acts as a general release of Company and any of its subsidiaries (and all of their officers, directors, agents and employees) from any liability for any claims, loss, and damages (both direct and indirect, including loss of profits, goodwill and business opportunity) arising out of or in any way connected to your use of the Website.
14.4 Notwithstanding the foregoing, nothing in this Agreement is intended to limit any rights you might have under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
15. Indemnity
You will indemnify us against any loss, damages, costs, expenses (include reasonable legal fees) or other claims arising from any breach by you of any of the warranties and any other term of the Agreement.
16. Access to the Website
We will do everything we can to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, this cannot be guaranteed. The Website may be occasionally suspended or restricted to allow for repairs, maintenance, the introduction of a new facility or service. We will attempt to limit the frequency and duration of any such interruption.
17. Notices
Except as otherwise stated, any notices you wish to send to us should be e-mailed to Jazz Gill at jazz@iconicimages.net. Any notices that we may wish to draw to your attention will be displayed on our Website.
18. Confidential Information
We and you shall endeavour to prevent the disclosure, publication or dissemination of the other’s confidential information and shall not use, reproduce, distribute, disclose or otherwise disseminate such confidential information except in connection with the performance of obligations under these Terms.
19. Electronic Communication
When you visit the Website or send emails to us, you are communicating with us electronically. We communicate with you by email or by posting notices on the Website. For contractual purposes, you consent to receiving communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
20. Costs and Legal Fees
In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and legal fees.
21. Law and Jurisdiction
This Agreement (and any dispute, controversy, proceedings or claim of whatever nature in relation to them) shall be governed and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction in relation thereto.
22. Invalidity
If any part of the terms of this Agreement is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
23. Entire agreement
This Agreement contains the entire agreement between us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters or any statements made to you by any person, including (without limitation) any of our employees or agents. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
24. Assignment
We shall be entitled to assign, transfer or sub-contract or in any way make over the benefit or burden of the Agreement to a third party.
25. No Waiver
A waiver by us of any terms of the Agreement in a particular instance shall not be deemed or construed to be a waiver of such term or condition for the future or affect our rights in respect of any subsequent breach of the terms of this Agreement. All rights and remedies contained in this Agreement shall be distinct, separate and cumulative and no action or inaction by us shall operate to exclude or deprive us of any other rights allowed by law.
26. Third Party Rights
No third party shall be deemed under the Agreement to have enforceable rights by virtue of the Contracts (Rights of Third Parties Act) 1999.
27. Nature of Agreement
This Agreement shall not constitute a partnership, agency or joint venture between the parties.
28. Contact us
If you have any concerns about the Website please contact us at robin@iconicimages.net.
