Last updated November 2021
These are the terms and conditions (“Terms”) of Effective Imaging Limited, a company registered in England and Wales under company number 10013440 and whose registered office is at 2 South Denes Road, Great Yarmouth, England, NR30 3PF (“we” or “us”).
This page tells you the terms on which you may use our websites, effectiveimaging.co.uk jockeyandjill.co.uk and brandedbyei.co.uk (“Websites”) and purchase our Goods or Services. Please read carefully before use.
By using our Websites or purchasing our Goods or Services, you accept these Terms and agree to obey them and a legally binding contract is formed between you and us. If you don’t accept them, please don’t use our Websites or purchase our Goods or Services.
WEBSITES
1. Definitions
1.1. In these Terms, the following terms have the following definitions:
“Confirmation Order” means the order you place with us over the phone, by email or in person, which we accept and to which these Terms are attached.
“Contract” means the contract formed between you and us for the sale of Goods and/or Services once the Confirmation Order and these Terms have been accepted by you.
“Goods” means the goods we sell to you in accordance with these Terms and the Confirmation Order.
“Quote” means the quote we provide to you for the sale of Goods or Services which, once accepted by you, is confirmed in the Confirmation Order.
“Services” means the services we provide to you (including all of them or any part of them).
2. Use of our Websites
2.1. The information contained on our Websites is not directed to, nor intended for, distribution or use by any person or entity in any jurisdiction where the publication or availability of these Websites, or such distribution or use, would be contrary to local laws or regulation. You should not access our Websites/information on our Websites if you know that the access would contravene applicable, local, national or international laws.
2.2. You have permission for temporary use of our Websites, but we can withdraw or change our Websites at any time without telling you and without being legally responsible to you. You are only eligible to use our Websites if you are at least 18 years of age, or have the capacity to form a binding contract and if you are not a user barred from accessing our Websites under applicable law. Your use of our Websites must not violate any applicable law or regulation.
2.3. You must treat all identification codes, passwords and other security information as confidential. If we think you have failed to keep confidentiality, we are allowed to disable any security information (including your passwords and codes).
2.4. If you allow anyone else to use our Websites, you must make sure that they read these Terms first, and that they follow them.
2.5. Only use our Websites as allowed by law and these Terms. If you don’t, we may suspend your usage, or stop it completely.
2.6. We frequently update our Websites and make changes to them, but we don’t have to do this, and the material on our Websites may be out-of-date. No material on our Websites is intended to contain advice, and you shouldn’t rely on it. We exclude all legal responsibility and costs for reliance placed on our Websites by anyone. We are not liable for any technical errors, maintenance, work, damage, wrongful use, unauthorised access to our Websites, or any content you upload to our Websites.
2.7. You are responsible for configuring the computer or device used to access our Websites and the software to access the material and content on our Websites, including downloadable files. We do not warrant that the way in which we deliver data to you is compatible with your software. We do our best to protect our Websites, but are not responsible for bugs, viruses etc., and are not liable for damage or loss caused by a virus, distributed denial of service attack or other technologically harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of our Websites, downloading any content from it or using any website linked to it.
2.8. We do not warrant that your use of our Websites will be uninterrupted or error-free. We are not responsible for any loss or damage suffered as a result of any interruptions or errors, and you acknowledge that our Websites may be subject to limitations, delays or other issues.
2.9. We do our best to provide the most accurate information possible. However, we cannot ensure that our Websites are completely error-free, or that they will not become outdated. Therefore, we do not provide any warranty or other assurances as to the completeness, accuracy, timeliness or fitness for particular purposes of any of the content or materials contained within our Websites.
2.10. We are also not liable for any third-party content on our Websites, and do not endorse what this content may contain.
2.11. These Terms remain effective so long as you use our Websites.
2.12. We follow our privacy policy in handling information about you. By using our Websites, you agree to us handling this information and confirm that the data you provide is accurate.
3. Intellectual property rights
3.1. We are the owner or licensee of all intellectual property rights in our Websites (for example the copyright and any rights in the designs) and in any of the material posted on it. They are protected by copyright.
3.2. You are allowed to print one copy and download extracts of any page on our Websites for your personal reference, but not for commercial use without a licence from us. You must not alter anything, or use any illustrations, video, audio or photographs separately from the text that goes with them. You must not change, copy, reproduce or translate anything on the site without our consent. You are not permitted to license, sell, rent, lease, transfer, assign, distribute, exploit or otherwise make any documents or online resources from the site available to any third party.
3.3. If you breach these Terms, you lose your right to use our Websites, and must destroy or return any copies you have made.
4. Our legal responsibility to you
4.1. As far as legally possible, we exclude legal responsibility for loss of income, profit, business, data, contracts, goodwill or savings, or any other indirect, consequential or special loss.
4.2. We also exclude, as far as legally possible, all terms and warranties or promises implied by law or by statutes.
4.3. We don’t exclude legal responsibility for death or personal injury owing to our negligence, legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law.
5. Uploading to our Websites
5.1. Material that you upload will be regarded as non-confidential and not owned. This means that we can copy it, distribute it, and show it to other people for any purpose. You agree that if anyone else claims to own the material, or says that it breaches their rights, we can give them your identity.
5.2. We won’t be legally responsible to anybody for the accuracy of material that you upload to our Websites, and we can remove it at any time.
6. Computer offences
6.1. If you do anything which is a criminal offence under a law called the Computer Misuse Act 1990, your right to use our Websites will end straightaway. We will report you to the relevant authorities and give them your identity.
6.2. Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material.
6.3. You must not try to get access to our Websites or server or any connected database or make any ‘attack’ on our Websites. We won’t be legally responsible to you for any damage from viruses or other harmful material that you pick up via our Websites.
7. Links to our Websites
7.1. You are allowed to make a legal link to our Websites homepage from your website provided the content on your site meets our standards, it is done so fairly and legally, and does not damage our reputation or take advantage of it. We can end this permission at any time.
7.2. You must not suggest any endorsement by us or association with us unless we agree in writing.
8. Links from our Websites
Links from our Websites to other websites are for information only. We don’t control them and don’t accept responsibility for other websites or any materials found upon them or any loss you suffer from using them.
PURCHASE OF GOODS AND SERVICES
9. Contract
9.1. You can place an order over our Websites, over the phone or by email/messenger. These Terms apply to you whether you are a business customer or consumer, and however, you place an order.
9.2. The Contract is made once you accept the Quote (if applicable) and a Confirmation Order is produced.
9.3. We won’t supply you with Goods or Services until a Contract has been formed and payment has been made in full.
9.4. You must ensure that all terms of the Quote (if applicable) and Confirmation Order are correct and accurate. If you wish to change the information in respect of the Goods or Services once a Contract is formed, you should notify us immediately and while we will use reasonable endeavours to make the changes in line with your instructions, we can’t make any guarantees.
9.5. Our Quotes are valid for 28 days from the date of issue and should you wish to accept the Quote after this date, it is possible a new Quote must be issued unless we agree otherwise.
10. The Goods and Services
10.1. The Quote will detail the quantity, quality, description and specification of the Goods and Services. It is your responsibility to check the structure to which the Goods are to be installed/affixed/applied is appropriate for the surface of the structure and that the surface is prepared so as to allow us to install/affix/apply the Goods for you.
10.2. We reserve the right to make any changes in the specification of the Goods and/or Services which are required to conform with any applicable legal or regulatory requirements (including but not limited to safety requirements) or which do not materially affect their quality or performance.
10.3. Once the Contract has been formed, you cannot cancel your order unless we agree in writing and if we agree to said cancellation you shall indemnify us in full against all loss (including loss of profit) costs (including the cost of all labour and materials used) damage charges and expenses incurred by us as a result of cancellation.
10.4. Where we rely on the information you supply when proving a Quote, you are solely responsible for its accuracy. If it transpires that there are any inaccuracies, mistakes or typographical errors in the information you provide, we will not be held liable for this. We will follow your specification exactly unless we have a reason not to as provided for in these Terms and so it is crucial that you check the accuracy of all information you provide us.
10.5. It is your responsibility to ensure that you have all necessary consents, licences and approval for the installation of the Goods to your chosen structure.
11. Bespoke Goods and Services
11.1. Where we provide you with bespoke Goods, which includes Goods which required us to obtain specific materials in order to fulfil the order, consumer protections do not apply and you will not be entitled to a refund if you change your mind after the Goods have been delivered.
11.2. We reserve the right to decline to provide our Goods or Services where the design you have provided or specified is deemed to be contrary to public decency, such as insignia, slurs or propaganda which are may be considered racist, offensive or could incite violence.
12. Prices and Payment Terms
12.1. The price for the Goods and/or Services will be as agreed in the Confirmation Order.
12.2. Delivery charges and VAT shall be excluded unless stated otherwise in the Confirmation Order.
12.3. We reserve the right to increase the price:
12.3.1. if you change the installation address or specification following the Contract formation;
12.3.2. if additional work is necessary to provide out the Services, such as preparation of surfaces to which our Goods are to be applied; or
12.3.3. to comply with clause 10.2.
12.4. Where you purchase Goods from our Websites, payment is required at the time of purchase and before we will provide you with a Confirmation Order.
12.5. Where you request Goods or Services from us in person, over the phone or by email/messenger, we will invoice you at the time that the Confirmation Order is produced and, unless we have agreed credit agreement with you, we must receive payment in full before we will commence with preparing your order.
13. Timescales and Delivery
13.1. We cannot guarantee any timescales for the production of your Goods and all we can do is use our best efforts to fulfil your order as quickly as possible.
13.2. For the purposes of these Terms, the Goods will be deemed to have been delivered when they are collected by you from us (once we have notified you they are ready for collection) or when we deliver the Goods to the place you specify.
13.3. The Services will be provided at the location you specify after we have notified you we are ready to provide the Services.
13.4. Any delivery dates we quote you are approximations only and we won’t be liable to you for any delays in delivery of the Goods and/or provision of the Services, however, such delays are caused.
13.5. The time for delivery of the Goods or provision of the Services shall not be of the essence unless agreed in writing between us.
13.6. If you fail to take delivery of the Goods or accept the provision of the Services then without prejudice to any other right or remedy available to us, we may store the Goods until actual delivery and you will be charged our reasonable costs for storage and insurance until you collect the Goods or take a re-delivery.
13.7. Title to and risk of damage or loss to the Goods passes to you when the Goods have been delivered to you or collected by you.
14. Design and Intellectual Property
14.1. Where we are undertaking the design process for you based on your specification, you warrant that you are the owner of the licensee of all intellectual property rights in that design or specification and you shall indemnify us against all loss, damages, costs and expenses awarded against or incurred by us in connection with or agreed to be paid by us in settlement of any claim for infringement of any patent, copyright, design, trademark (whether registered or not), or other industrial or intellectual property rights of any third party which results from our use of any or all of your specification.
14.2. On payment for the Goods and/or Services, all intellectual property rights in any design that we produce for you shall be transferred to you absolutely.
15. Warranties and Liabilities
15.1. Nothing in these Terms seeks to limit either party’s liability for death or personal injury, negligence, fraud or fraudulent misrepresentation or any matter in respect of which it would be unlawful for the parties to exclude or restrict liability.
15.2. We will not be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by our servants or agents or otherwise) which arise out of or in connection with the supply of the Goods and Services.
15.3. All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from these Terms.