Copyright: Think carefully before downloading or copying any images on this website. I will enforce any and all breaches.
The image quality used on this site are "low resolution" to help prevent copyright infringement. This sometimes affects the quality of the image you view.
Terms and Conditons of Image Purchase & Website Use
This website, contents, rights and Images are owned and protected by Mark Long.
Buying Images from The Dutch Nursery or Mark Long Photography
By using this site, or ordering Images, you agree to and accept these terms and condition:
1. Description of
Images & Limited Nature of Images
a) The description and specification of Images on the Website are only approximate and we reserve the right to make changes that do not materially affect the quality or performance of those Images.
b) We may correct any error appearing in the Website or withdraw any product from sale without incurring liability. Price and availability is also subject to change without notice.
c) The colours depicted in images on this website may not be accurate, due to the nature of both computer operating system colour palettes and computer monitor displays.d) Images, after delivery, are not guaranteed for quality, longevity or colour change given light, temperature and other matters can cause Image defects.
d) Each Image "size" is
sold as a limited edition; normally 1 of 6; 1 of 12; or 1 of 25. Typically each image is sold in two sizes, not at the same time, but at different times. For example, if you buy a Small Image as a 1
of 12, it is likely that the same image will be sold as a large image at some point. However, the Limited nature of the purchase and Image remain in tact, as never more than 25 total images are
2. Ordering & Timing
a) You may order images from the Dutch Nursery in person, or Website by submitting a completed order form. Given the Limited nature of the Images, all Images are subject to availability. No order you make is deemed as filled or complete in any way until you get a confirmation email. Money paid will be refunded in such circumstances. b) We will confirm acceptance of your order by email to the address you have given and the sending of this e-mail (whether or not it is received) makes the contract between us. We reserve the right not to accept an order for any reason. c) All Images are made to order and take approximately 3 weeks to complete from acceptance. d) By making an order, you confirm you are 18 years or older
3. Price and Payment
a) The price of the Images will be the price quoted in the Website at the time we accept your order.
b) Full payment is due on ordering. Should you
cancel an Image order once we have confirmed the order to you, 50% of the purchase price is always payable due to the bespoke nature of the Image.
b) The price will include any applicable value added tax, but not the cost of delivery. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Images in full before the change in VAT takes effect.
c) In addition to the price, you may have to pay our delivery charges as quoted in the Website at the time we accept your order OR free collection from The Dutch Nursery. The amount of these charges varies according to the delivery address you specify in your order. No overseas orders are accepted. For delivery over 40 miles, delivery charges may change and we will contact you prior to agreeing these.
d) Payment is taken by cash; bank transfer; cheque or our preferred electronic payment provider, PayPal / Credit card, at the time we accept your order. The credit and debit cards we accept are listed in the Website at the time you place your order. Refunds will generally be made by means of a credit to your electronic payment account.
e) we do NOT store your credit card information. We
do NOT sell your personal data, but retain for our use.
a) Deliveries will generally be made to the Dutch Nursery. We can arrange for delivery, at an additional cost, of the Image you order to the address which you specify, in consultation with you. For such home deliveries, redeliveries may be subject to an additional charge. We will endeavour to deliver the Images by the delivery date or times stated on the Website or in these terms, and agreed with you. However, the time for delivery will not be essential to the contract between us.
b) If you do not collect the Images from The Dutch Nursery, but select home delivery of the Images and supply inadequate delivery instructions, we may (but are not obliged to) place the Images in storage until delivery can be effected and you will be responsible for any additional storage, insurance and delivery charges or damage we incur. We also reserve the right at any time to cancel your order and retain the Images, with a 50% charge if you fail to make contact with us within a reasonable time. Any claim for incorrect deliveries, shortages or damaged Images must be notified to us in writing within 5 days after the delivery date. We will not be liable for any loss or damage if you fail to do this.
d) All orders are inspected before shipping and will not be sent unless in perfect condition. If the package arrives damaged then please take photographs of it with your phone and contact us, we are interested in any packaging damage especially. We will then arrange for the package to be collected for inspection. If the goods are faulty we will refund in full or replace. Please note damage must be notified within 3 days of arrival.
a) The Contracts (Rights of Third Parties) Act 1999 shall not apply to any contract between us, so that no contractual rights are conferred on third parties.
b) Any contract between us shall incorporate these terms and conditions and be under English law. If there is any dispute, the English Courts will have exclusive jurisdiction.
7. Cancellation and Returns
7.Due to the bespoke creation of Limited Edition Images, should you cancel or return an Image a 50% cancelation fee will be applied, plus any delivery or shipping costs incurred. There is no discretion of this, these fees apply in all circumstances.
8. Image Rights
a) You have the right to use, display and sell the one Image as you wish once it has been paid for and delivered to you. However, copyright of the Image remains fully with Mark Long and you may not reproduce the image under any circumstances. Any such use will be a breach of copyright and enforcement procedures will start.
9. Our Liability
If we are found to be Negligent when failing to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Images. We will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
1. loss of income or revenue;
2. loss of business;
3. loss of profits;
4. loss of anticipated savings;
5. loss of data; or
6. waste of management or office time.
Nothing in this agreement excludes or limits our liability for:
1. death or personal injury caused by our negligence;
2. fraud or fraudulent misrepresentation;
3. any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
4. defective Images under the Consumer Protection Act 1987; or
5. any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
10. Events Outside of 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 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:
1. strikes, lock-outs or other industrial action;
2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
5. impossibility of the use of public or private telecommunications networks; and
6. the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract 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.
11. Entire Agreement
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.
a) The material in the Website is copyright of Mark Long or our content and technology providers. b) The content of the pages of this website is for your general information and use only. It is subject to change without notice.
c) Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
d) Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any Images, services or information available through this website meet your specific requirements.
e) This website contains material which is owned by or licensed to Mark Long, full copyright is protected and owned by Mark Long. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
2. Note it is illegal under international copyright law to use any work on this site as reference without our permission and agreement. We will always pursue any claims to the letter of the law no matter what the circumstances. There will be no discussion about this.
g) Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
h) From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
All Images and this website are subject to © of Mark Long.