Terms and conditions of sale for credit accounts
Interpretation
In these conditions:
- Buyer
- means the person who makes the purchase of the Image online through the Alamy website or who authorises the Seller to make a purchase on their behalf.
- Image
- means the digital image that is supplied via the Website to the Buyer or transparency to fulfil their purchase.
- Seller
- means Alamy Limited, a company registered in England under number 3807789.
- Conditions
- means the standard terms and conditions of sale for account customers set out in this document and includes any special conditions agreed in writing between the Buyer and the Seller.
- Contract
- means the contract for purchase and sale of Images
- Website
- means the website operated by Alamy Ltd.
- Writing
- includes facsimile transmission and comparable means of communication.
The headings of these conditions are for convenience only and shall not affect their interpretation.
Basis of the sale
The Images may be purchased in a number of ways, either directly by the Buyer online using the Alamy website or by the Buyer directing an employee of the Seller to purchase the Images for them. In all cases the Buyer acknowledges that the sale has occurred.
The Buyer agrees that all Image sales are governed by the Licence agreement specific to each Image. The respective terms and conditions can be viewed here:
Royalty-Free End User Licence Agreement
Rights-Managed End User Licence AgreementThe Buyer acknowledges that the Licence Terms and Conditions ("Licence Terms") referred to in clause 2.ii are liable to change and the Licence Terms in place on the Website at the time of each Image sale determine the Licence Terms applicable to that sale.
Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
Price of the images
The Seller shall sell and the Buyer shall purchase the Images at a price which can be set in a number of ways. The Buyer may purchase the Images at a price given by the Seller's price calculator on the Website, by the Buyer agreeing a quotation with the Seller, or in line with a price agreement already agreed upon by the Buyer and the Seller.
The price is exclusive of any applicable Value Added Tax (VAT) or other tax on sales, which the Buyer shall additionally be liable to pay the Seller.
Terms of payment
Subject to any special terms agreed between the Buyer and the Seller the Seller will invoice the Buyer once the order process is complete on the Alamy website.
The Buyer shall pay the price of the Images within 30 days of the date of the Seller's invoice. Any alterations to this payment term have to be agreed in writing with the Seller. Receipts for payment will only be issued upon request.
The Seller operates a "Cancellation Policy" the terms of which are available on the Buying and Downloading help page of the Alamy website and are summarised on each invoice. The Seller reserves the right to change this policy without notice.
Bank charges. The Buyer will pay for the Buyer’s bank charges and not deduct these from any amount owed to the Seller.
If the Buyer fails to make payment on the due date then, without prejudice to any other remedy available to the Seller, the Seller shall be entitled to:
- Cancel the Contract or suspend further services for the Buyer.
- Charge interest on overdue invoices and reasonable recovery costs. The Seller understands and will exercise our statutory right to claim interest and compensation for debt recovery costs under late payment legislation if we are not paid according to agreed terms.
- For account holders in the UK: Interest will be charged at the late payment reference rate plus 8%.
- For account holders in the EU: Interest will be charged at the ECB base rate plus 7%.
- For account holders in the US and Rest of the World: The Seller will claim interest if we are not paid according to agreed terms, at the rate of the Bank of England base rate plus 8%.
Credit Account Terms
The Buyer agrees that the Seller has the right to set Credit Limits on the account as they see fit and to withhold further credit at the Seller’s discretion.
The Seller has the right at all times to terminate the Credit account and not to allow any future purchases.
Insolvency
This clause applies if:
- The Buyer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject of an administration order or goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction); or
- An emcumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or
- The Buyer ceases, or threatens to cease, to carry on business; or
- The Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
If this clause applies then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries of Images to the Buyer without liability to the Buyer, and if the Images have been delivered but not paid for then the price for them shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
General
Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principal place of business or other such address as may at the time be relevant having been notified pursuant to this provision to the party giving notice.
The Seller’s Conditions of Sale will apply exclusively to all dealings between the Seller and the Buyer.
No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected.
The Contract shall be governed by the laws of England and the Buyer agrees to submit to the non-exclusive jurisdiction of the English courts.
