By using our website you confirm your agreement to these terms and conditions including our Privacy Policy.
ABOUT US
We are registered in England and Wales under company number 10013440 and with our registered office address at 2 South Denes Road, Great Yarmouth, Norfolk, NR30 3PF. Our VAT number is GB 233346035.
INTRODUCTION
This document informs you of the terms and conditions upon which we sell and supply the goods listed on this website.
Before submitting your order please ensure you have read these terms and conditions, in particular the cancellations and returns policy; print a copy for your future reference and read our Privacy Policy regarding your personal information.
By submitting an order through this website, you agree to be legal bound by these conditions. You must accept these before proceeding with your order and we reserve the right to modify or amend these should the need arise.
We may update these Customer Terms (and the documents referred to in them) and any aspect of the Service from time to time and will notify such changes to you by uploading details of them on the Site. You should review the Customer Terms periodically for changes. By using the Site you agree to be bound by these Customer Terms. If you do not agree to these Customer Terms then please do not use the Services or any part of them.
COMMUNICATIONS
By providing your email address you agree that this form of electronic communication can be used as a long-distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
We will contact you by email or provide you with information by posting notices on our Website.
REGISTRATION
To register with the Website you must be over 18 years of age.
Each registration is for a single user only. We do not permit you to share your username and password with any other person nor with multiple users on a network.
Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
We may suspend or cancel your registration immediately at our discretion or if you breach any of your obligations under these Terms.
OVERSEAS ORDERS
Our Website is only intended for use by customers resident in England, Wales, Scotland and Northern Ireland (the United Kingdom).
PRICE
The prices of the Goods are quoted on the Website.
Prices for delivery are quoted for delivery in the United Kingdom unless otherwise specified.
Unless otherwise stated, the prices quoted include VAT. The delivery costs will be added to the total amount due from you at their current rate. Details of our delivery charges can be located at checkout
We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the price of the Goods to reflect any increase in the cost to us due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labor, materials or other costs of manufacture). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before delivery.
PAYMENT
Payment can be made by any major credit or debit card or through an electronic payment account as explained on the website.
By placing an order, you consent to payment being charged to your debit/credit card account or electronic payment account as provided on the order form.
Payment will be debited and cleared from your account before the dispatch of the Goods to you.
When you pay for your order by card, we carry out certain checks which include obtaining authorization from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.
By accepting these Conditions you:
– Undertake that all the details you provide to us for the purpose of purchasing the Goods are correct and that the payment card you are using is your own and that there are sufficient funds to cover the cost of the Goods ordered
– Undertake that any and all Goods ordered by you are for your own private or domestic use only and not for resale
– Authorize us to transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorization from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention
We shall contact you should any problems occur with the authorization of your card.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from our Website.
ORDER PROCESS AND FORMATION OF A CONTRACT
All orders are subject to acceptance and availability. It is your responsibility to provide us with a valid email address so that we can contact you if necessary.
Any order placed by you constitutes an offer to purchase the Goods from us. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.
You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly. You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Goods ordered by you from the Website.
A contract between you and us (the ‘Contract’) incorporating these Conditions will only subsist after we have debited your payment card or PayPal account depending on payment method. The Contract will only be formed when we debit your payment method. Cancellations by us are possible up to the date of printing.
The Contract will relate only to the Goods stated in the order confirmation email. We will not be obliged to supply any other Goods which may have been part of your order until we have sent you a separate Confirmation Notice relating to it.
You must check that the details contained in the Order email are correct and you should print out and keep a copy of it.
Refunds are not applicable once a design has been printed. Colors may vary slightly from final design due to the color calibration of monitors being different although any variance will be minimal and is not common. Please note that frames are not provided with prints unless the specific frame option is chosen at checkout. By approving your design, you are authorizing us to print and process your works. We have no control or maintain no control over the details of your designs created using this website and will not be held liable for any errors / issues undertaken by you through the design process. Your approval of the design is authorization for us to print and manufacture only and any design liability is held by you. A charge will be payable in the event that a mistake has occurred, by you, when ordering and where a replacement is sought.
You will be subject to the version of our policies and Conditions in force at the time that you order the Goods from us, unless:
Any change to those policies or these Conditions is required to be made by law or governmental authority
We notify you of any change to our policies or these Conditions before we send you the Confirmation Notice, in which case, we are entitled to assume that you have accepted it, unless we receive written notification from you to the contrary within seven working days of receipt of the Confirmation Notice
We reserve the right to cancel any order at any time up to the time of delivery of the item. If we believe we are unable to fulfil your order, a full refund will be provided at the earliest possible convenience. We shall not be held liable for any loss or damage arising from any cancellation.
We reserve the right to amend, at any time, any materials involved in the manufacturing of our products. We will update where necessary any product photos to highlight any changes but will not be held liable for any differences between prior and future orders.
DELIVERY
The Goods will be delivered to you at the shipping address you provided during the order process, which may be an address other than the billing address, but please note that extra documentation may be needed to comply with such orders.
We employ professional carriers. Nevertheless, you must examine the Goods on arrival. If you are asked for your signature on delivery, you must examine the Goods before signing for it.
All Goods must be signed for by an adult aged 18 years or over on delivery if requested
Any dates quoted for delivering the Goods are approximate only and may vary depending on courier. If no date is specified then it will take place within 30 days or a reasonable time of the date of the Confirmation Notice, unless there are exceptional circumstances.
We shall not be liable for any delay in delivering the Goods, however caused.
In the event that our courier has been unable to delivery the goods, due to an incorrect address being entered by you, a redelivery charge of £6.95 will be payable for redelivery. This is to cover the cost of the item being returned to us and for the redelivery costs. This fee is non negotiable and must be payable in order for the item to be resent. By the item being returned to us, this does not constitute in any way an applicable reason for a refund on the order. This same Claus shall also apply where the courier has attempted delivery 3 times and failure to delivery has occurred.
RISK AND TITLE
The Goods will be at your risk from the time of delivery.
Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of them including the cost of delivery.
CANCELLING YOUR CONTRACT AND RETURNS
CLOTHING
When trying on any Products which are clothing, please ensure that you are not wearing perfume / aftershave or a deodorant which may leave a scent or marks on the Product. We will be unable to accept the return of any Product where there is evidence that these instructions have not been followed. The Product should be returned with its original packaging.
Cancelling before receiving a Confirmation Notice
By approving and ordering your design, you are authorizing us to print and process your works. We have no control or maintain no control over the details of your designs created using this website and will not be held liable for any errors / issues undertaken by you through the design process. Cancellations are not possible once your order has gone to print, which is usually within 24 hours. You must notify us of any issues before this time. After any requested cancellation, we maintain a cooling off period of 7 days before any re purchase can be made.
Exception to the right to cancel
You will not have a right to cancel an order for goods purchased from us, in the following situations:
If you expressly agree to us beginning to provide any services before the end of the cancellation period.
The Contract is for goods which are bespoke or have been personalized or which may deteriorate (such as food)
The Contract is for goods and/or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by us
The Contract is for the sale of land or financial services
The Contract is for the sale of goods by auction
The Contract is for the supply of:
Audio or video recordings and computer software if unsealed by you
Audio or video recordings and software and other items that you have successfully downloaded where a free trial or demonstration was available to you to view or download
Newspapers, magazines and other periodicals
Gaming, betting and lottery services
Damaged, faulty or wrongly delivered goods
We will offer you a replacement design, provided the terms and conditions are met. We must also be reasonably satisfied that:
The Goods have not suffered damage after delivery;
The Goods have not been misused or used other than in accordance with the instructions; and
The problem is not due to normal wear and tear.
In addition to the requirements above, the Goods in terms of which you are claiming a replacement must have:
been damaged on delivery;
been delivered in a faulty condition;
have been delivered to you in error.
Sometimes the product specifications from the manufacturer may change, in which case, if you request a replacement, we will do our best to offer you a substitute of the same or better quality at the same price. If you are not happy with the replacement, you can return the Goods to us.
In order to claim a replacement item please send us a notice as soon as you become aware of a problem and no later than 7 days after receipt by email to sales@effectiveimaging.co.uk in the 1st instance or a letter to Effective Imaging Ltd, 2 South Denes Road, Great Yarmouth, Norfolk, NR30 3PF. Your notice must quote your name, address, the name or a description of the Goods, a brief description of the problem, fault or damage and your order reference number. Phots of any damage to the item and packaging must also be provided.
Incorrectly priced or described Goods
Whilst we try and ensure that all the information on our Website is accurate, errors may occur. In the unlikely event that the price and/or description of an item listed on the Website has been incorrectly advertised, we will not be under any obligation to sell or provide those Goods to you.
If we discover the error before sending you a Confirmation Notice we will at our discretion, either reject your order and notify you of such rejection, or inform you as soon as possible and give you the option of cancelling your order or reconfirming it at the correct price and/or description. If we give you the option of cancelling your order or reconfirming it at the correct price and/or description but either cannot contact you or do not receive your response within 14 days of sending you notification (whether or not you receive it), we will reject your order.
If we discover the error after sending you a Confirmation Notice we may, at our discretion and without incurring any liability to you, cancel the Contract provided that the error is, in our reasonable opinion, obvious and unmistakable and could have reasonably been recognized by you. We will notify if we cancel the Contract.
If your order is cancelled or rejected and you have already paid for the Goods, you will receive a full refund
All measurements stated on our website and approximate only and variations may occur to any item.
In the event of incorrect information or error being applied through any applicable coupon code, we reserve the right to cancel the order and any payment made will be refunded to you.
Processing refunds
We reserve the right to refuse to issue a replacement and to recover the cost of returning or collecting the Goods in the event that the Goods are found to have suffered damage after delivery or have been misused or used other than in accordance with the instructions or if the problem is due to normal wear and tear or if the Goods have not been returned with its original packaging. This does not affect your statutory rights.
COMPLAINTS
If you have a comment, concern or complaint about any Goods you have purchased from us, please contact us via email at sales@effectiveimaging.co.uk or by post at Effective Imaging Ltd, 2 South Denes Road, Great Yarmouth, Norfolk, NR30 3PF.
INTELLECTUAL PROPERTY
The content of the Website is protected by copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Effective Imaging moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world) and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.
You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.
No license is granted to you in these Conditions to use any of our trade marks or those of our affiliated companies.
Goods sold by us and Website content may be subject to copyright, trade mark or other intellectual property rights in favor of third parties. We acknowledge those rights.
WEBSITE USE
You are permitted to use the Website and the material contained in it only as expressly authorized by us under our terms of use.
LIABILITY AND INDEMNITY
Notwithstanding any other provision in the Conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:
Death or personal injury resulting from our negligence
Fraud or fraudulent misrepresentation
Action pursuant to section 2(3) of the Consumer Protection Act 1987
Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability
The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
We will not be liable if the Website is unavailable at any time.
We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the Website.
We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.
We will use all reasonable endeavors to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.
We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:
any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any other consequential loss); or
any loss of goodwill or reputation; or
any special or indirect losses; or
any loss of data; or
wasted management or office time; or
any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under these Conditions and/or the Contract and/or the use of this Website or any aspect related to your purchase of the Goods even if such losses are foreseeable or result from a deliberate breach of these Conditions by us that would entitle you to terminate the Contract between us or as a result of any action we have taken in response to your breach of these Conditions. Without prejudice to the terms of this clause and in the event that we are unable to rely upon it, our liability for all and any losses you suffer as a result of us breaking the Contract, whether or not deliberate, including those listed in clauses above, is strictly limited to the purchase price of the Goods you purchased.
You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.
FORCE MAJEURE
We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control (‘Force Majeure’), which, without limitation, include:
Strikes, lock-outs or other industrial action
Shortages of labor, fuel, power, raw materials
Late, defective performance or non-performance by suppliers
Private or public telecommunication, computer network failures or breakdown of equipment
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions.
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Acts, decrees, legislation, regulations or restrictions of any government i.e. lockdown due to Covid 19
Other causes, beyond our reasonable control
Our performance will be deemed to be suspended for the period that the event of Force Majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to minimize any delay caused by Force Majeure or to find a solution by which our obligations may be performed despite the Force Majeure event. We shall promptly notify you of any Force Majeure event giving details of it and (where possible) the extent and likely duration of any delay.
Where the period of non-performance or delay in relation to any event of Force Majeure exceeds 30 days from the date of notice to you of the event of Force Majeure, either you or us may, by written notice to the other, terminate the Contract with immediate effect upon service.