Terms and Conditions [Standard and Web Orders]

You may use this website to look at our products and services on web pages offered to the general public. This website is copyrighted by imageHOLDERS Limited, who owns the imageHOLDERS trademark and operates this website.

This website has administrative functions intended to be kept private to the business and to users explicitly authorised to use the administrative interface. We ask that you do not attempt to use the administrative interface and that if you accidentally or intentionally use the administrative interface without explicit authorisation by an officer of the company, that you refrain from taking damaging activity and that you notify us of the breach as soon as practicable.

TERMS AND CONDITIONS

These terms & conditions apply to any of our products www.imageholders.com, in any product brochures and literature or in any drawings, designs, prototypes, samples and custom products. Please read these conditions carefully before ordering any products from our site. You should understand that by ordering any of our Products, you agree to be bound by these Conditions.

Please understand that if you refuse to accept these Conditions, you will not be able to order any Products from imageHOLDERS Ltd.

INFORMATION ABOUT US

www.imageholders.com is a site operated by imageHOLDERS Ltd. We are registered in England and Wales under company number 3471746

Our registered office address is: Priestly House, Priestly Gardens, Chadwell Heath, Essex. RM6 4SN.

Our Head office is: at 42c Cobham Road, Ferndown Industrial Estate, Ferndown, BH21 7QG.

Our VAT number is 578340026.

1. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

1.1 Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us  and we will confirm such acceptance to you by sending you an e-mail that confirms that your order has been accepted by us (the Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation.

1.2 The Contract will relate only to those Products which are referred to in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the acceptance of your order for any such Products has been confirmed in a separate Order Confirmation.

2. AVAILABILITY AND DELIVERY

Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, within a reasonable time of the date of the Order Confirmation.

3. PRICE AND PAYMENT

3.1 The price of all Products will be as quoted on our site, price lists and specific quotations  from time to time, except in cases of obvious error exclude VAT and exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide.

3.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.

3.4 imageHOLDERS will submit an order confirmation for each official purchase order received. Your order confirmation will state agreed price, lead time, delivery date, delivery address and any other 3rd party information required in order to accurately fulfill the order. It is the customers responsibility to check the information on the order confirmation and report any error within 48 hours of receipt.

3.5 Our product catalogue contains a large number of products and it is always possible that, despite our best efforts, some of the products listed  may be incorrectly priced. We are under no obligation to provide any product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation,  

3.6 Payment for all Products must be paid by Paypal or credit or debit card. We accept payment with the following Credit and Debit Cards: VISA, AMEX, MasterCard, Maestro, Solo and Discover. We also accept bank transfer and cheque.

4. OUR REFUNDS POLICY

When you return any Product to us, all returns will be subject to the following process:

(a) Any non-faulty stock Product which is returned to us shall only be refunded for credit or replaced if you contact us in writing within 14 days of receipt of the Product informing us of your wish to return it and thereafter follow the procedure for returning the Product which will be notified to you by us. All Products must be returned to us in the same condition and packaging in which you received them and at your own cost and risk and any returns will be subject to a restocking fee of 20%. Please note that we will not refund or replace any non-faulty custom made Product.

(b) If you wish to return a Product to us because it is damaged or defective, any such damage or defect must be notified to us as soon as possible, but in any event within 14 days of the date that you discovered or ought to have discovered the damage or defect, (within 5 days if damage in transit is alleged), and no further use of the Product must be made following discovery of the damage or defect. Without limitation, you must take reasonable care of any Product in your possession from the time of delivery of the Product to you. You must not make any improper use of, or make any unauthorised modifications or repairs to, any Product, and you must take reasonable care to avoid any risk of damage occurring to any Product by way of improper assembly, or by any use of the Product with any goods with which the Product is not compatible.

(c) We will examine the returned Product and will notify you of your refund or replacement

Product via email within a reasonable period of time.

5. OUR LIABILITY

5.1 Save for the express terms of any written guarantee separately provided by us to you (if any), all warranties, representations, terms, conditions and duties implied by law relating to fitness, quality or adequacy are excluded to the fullest extent permitted by law.

5.2 Without limiting the generality of Condition 8.1, we shall have no liability to you for any:

5.5 Nothing in these Conditions shall exclude or limit in any way our liability:

6. IMPORT DUTY

6.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

6.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

7. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you 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. This condition does not affect your statutory rights.

8. NOTICES

8.1.All notices given by you to us must be given to Mr. Adrian Thompson of imageHOLDERS Ltd. T/A

imageHOLDERS at Unit B12, Arena Business Centre, 9 Nimrod Way, Ferndown Industrial Estate, Wimborne, Dorset, BH21 7UH, or by email to customerservice@imageholders.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 10 below. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

8.2.1  consequential losses,

8.2.2. loss of profits and/or damage to goodwill,

8.2.3. economic and/or other similar losses,

8.2.4. special damages and indirect losses,

8.2.5. business interruption, loss of business, contracts and/or opportunity or

8.2.6. inconvenience, delay or loss of production.

8.3 Without limitation to any of the foregoing, our aggregate liability to you (whether for breach of Contract or for negligence or otherwise howsoever), for any loss or damage of whatsoever nature and howsoever caused, shall be limited to and in no circumstances shall exceed the price of the Product purchased from us.

8.4 Without limitation or prejudice to any of the foregoing, you shall fully and promptly indemnify and hold us harmless against any and all losses, damages, costs and expenses whatsoever and howsoever arising from any breach of any obligation or duty under any of these Conditions, the Contract, or otherwise, whether attributable to you, your servants or agents, or to any subcontractors appointed by you.

8.5.1 For death or personal injury caused by our negligence;

8.5.2 Under section 2(3) of the Consumer Protection Act 1987;

8.5.3 For fraud or fraudulent misrepresentation; or

8.5.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

9. TRANSFER OF RIGHTS AND OBLIGATIONS

9.1 Any Contract between you and us is binding on you and us and on our respective successors and assigns.

9.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

9.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

10. EVENTS OUTSIDE OUR CONTROL

10.1 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).

10.2 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:

(a) Strikes, lock-outs or other industrial action.

(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether

declared or not) or threat or preparation for war.

(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of

public or private transport.

(e) Impossibility of the use of public or private telecommunications networks.

(f) The acts, decrees, legislation, regulations or restrictions of any government.

(g) Official regulations, transportation difficulties, working difficulties, machine breakdowns, fires, failure of suppliers, or other causes, whether similar or not.

10.3 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. WAIVER

11.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

11.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

11.3 No waiver by us of any of these Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11 above.

12. SEVERABILITY

If any of these Conditions or any provisions of a Contract are determined by any competent

authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

13. ENTIRE AGREEMENT

13.1 These Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

13.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any

representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Conditions.

14. RELIANCE ON INFORMATION APPEARING ON OUR SITE

Commentary and other information, materials and/or images appearing on our site are not intended to be relied upon nor to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such information by any visitor to our site, or by anyone who may be informed of any of its contents.

15. OUR RIGHT TO VARY THESE CONDITIONS

15.1 We have the right to revise and amend these Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

15.2 You will be subject to the policies and Conditions in force at the time that you order Products from us, unless any change to those policies or these Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Conditions before we send you the Order Confirmation.

16. LAW AND JURISDICTION

Contracts for the purchase of Products through any means will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive

jurisdiction of the courts of England and Wales.

In the case of legal disputes, the law and the courts of England shall apply.

  1.  PRODUCT INFORMATION

The Customer shall ensure that any safety information of whatever kind provided by CU in relation to the Products supplied is passed, where the Products are supplied for use at work, to the Customer’s employees or, where the Products are supplied for resale to the subsequent purchaser the Customer shall not alter, mask or remove any such safety information from the Products.

  1. INTELLECTUAL PROPERTY  AND COPYRIGHT.

imageHOLDERS Proprietary products and components are protected by a series of design registrations / patents, patent applications, design rights and patents. By entering into this contract you are agreeing to uphold all aspects of the intellectual property and copyrights associated with these products and components. Any knowledge of 3rd parties infringing imageHOLDERS intellectual property must be reported to imageHOLDERS immediately.

Any infringement of our intellectual property will be vigorously pursued.

  1. TERMINATION.

This Contract on giving not less than one month’s written notice to the customer. Without prejudice to any rights that have accrued under this Contract or any of its rights or remedies,  either party may terminate this Contract with immediate effect by giving written notice to the other party if:

  1. the other party fails to pay any amount due under this Contract on the Due Date for payment and remains in default not less than 7 days after being notified in writing to make such payment; or
  2. the other party commits a material breach of any material term of this Contract and (if such breach is remediable) fails to remedy that breach within a period of 14 days after being notified to do so; or
  3. the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts; or d. either party becomes subject to (or proposes to be become subject) any formal insolvency procedure such as receivership, liquidation, administration, voluntary arrangements (including a moratorium) or bankruptcy; or
  4. the other party suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business. f. the other party (or its employees or associates) are found to be involved in acts of bribery or corruption in breach of either the UK Anti Bribery Act of 2010 or any Anti-Bribery or Corruption legislation set out by the regulatory bodies in the country in which the other party transacts business – see Clause 25. Without prejudice to any rights that have accrued under this agreement or any  of its rights or remedies, CU may terminate Customer.
  1. AMENDMENTS.

imageHOLDERS Ltd reserves the right to alter or amend these General Terms and Conditions of Sale for any particular class of Products or Customer.

DELIVERY

Our website displays over 100 products from our standard modular display system, shop stand, merchandise display and trade show display ranges are available for delivery normally within 5 working days. Most small orders will be dispatched within 5 working days, with delivery by next day courier as standard. Or international courier (default UPS air freight) We can ship by the customers designated shipper and method.

All our kits are made to order. Turnaround of orders is quick; typically standard kits are dispatched within 3 to 5 days of the order being placed. However, it may take up to 3-6 weeks if you require

  • Bulk orders
  • Any variation on a standard product.
  • Large custom display system or exhibition stand
  • Design and build project
  • If your order is needed within 5 working days and is a standard product, you must ask for an order confirmation specifying the dispatch date.

We will always pick the most suitable delivery option for the goods, choosing the most cost effective method to ensure the goods arrive on time and in the same condition they leave us. We have the expertise to ship goods around the world, whether it involves one kit or a container load.

Please contact the imageHOLDERS team for further information about delivery options and lead times for installations, custom display and exhibition stand design:

Sales@imageholders.com

+44 (0)2072411220

LIMITED LIFETIME GUARANTEE

Hundreds of configurations and options are available from our group of basic components. The sleek, elegant and classic look of imageHOLDERS products will never be out of style ensuring that your display remain as sustainable solutions for years to come.

1.imageHOLDERS Ltd. hereby Guarantee to any purchaser of this product

(’You’) that this product (’the Product’) will be free from any material defects due to faulty

material.

  1. This Guarantee shall not apply in the event that:

(i) The defect arises from any improper use of the Product, or if there is any continued use of the Product after the occurrence of any defect; or

(ii) There is any unauthorised modification to, or repair or maintenance of, the Product; or

(iii) The defect consists of, or arises from, any defect in the Product which was discovered or which ought to have been discovered prior to any use of the Product; or

(iv) The defect arises from a failure to follow instructions or to adhere to good trade practice

with respect to the Product, or with respect to the use, assembly, installation, storage or

maintenance there of, including, without limitation, affixing the Product to an unsuitable surface or using unsuitable fixings in conjunction with the Product; or

(v) The defect arises from fair wear and tear; or

(vi) The defect arises from any wilful damage to, or tampering with, the Product, or from

negligence, or from subjecting the Product to abnormal working conditions including, without

limitation, inappropriate stress loads, extremes of temperature or adverse weather conditions; or

(vii) The defect arises from any exposure of the Product to any foreign agent including, without limitation, any chemicals which may cause discolouration, or any abrasive materials; or

(viii) The defect arises from any exposure of the Product to fire, flood or explosion.

  1. Our liability for any defect guaranteed by us shall in all cases be limited, at our option, to the replacement or repair of the defective Product. Replacement or repair is the sole and exclusive remedy under this Guarantee.
  2. In order to make any claim under this Guarantee, you must notify us by returning the defective Product to us for inspection, carriage paid and accompanied by a description of the alleged defect, stating when it occurred and (if different) when it was discovered.
  3. Our full Terms and Conditions, which shall prevail over any inconsistent provision(s) of this Guarantee (if any), may be requested by sending an email to: info@imageholders.com

Products are supplied subject to the following conditions:

  1. Products shall remain in their original packaging and the marks, numbers or references indicated on the Products or packaging shall neither be covered, defaced, altered nor erased.
  2. Products normally shall be resold at any trade level only by qualified personnel and in premises suitable for their storage, display and sale under satisfactory conditions.
  3. The removal, covering, altering or defacing of any imageHOLDERS markings shall invalidate any warranty and or guarantee associated with the product.

THIS GUARANTEE IS PROVIDED TO YOU IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES IMPLIED BY LAW, USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, AND WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OUR LIABILITY, BASED ON ANY THEORY, SHALL NOT EXCEED THE ORIGINAL PURCHASE PRICE OF THE GUARANTEED PRODUCT. IN NO EVENT SHALL WE BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE OF FACILITIES, TIME OR EQUIPMENT, OR OTHER INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHATSOEVER OR HOWSOEVER OCCURRING.

sales@imageholders.com

+44 (0)1202 892 863

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