Terms & Conditions
1. PLACE OF PERFORMANCE AND APPLICABLE LAW
Image and Performance is a company registered in England. Unless otherwise specified, the materials on this site are directed solely at those who access this site from the United Kingdom mainland. Image and Performance makes no representation that any product referred to in the materials on this site is appropriate for use, or available, in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable. English law shall govern this Agreement. You and we each submit to the exclusive jurisdiction of the English courts in relation to disputes arising out of this Agreement. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
2.1 Image and Performance has taken reasonable care in the preparation of the content of this site. However, to the extent permitted by applicable law, Image and Performance disclaims all warranties (express or implied) as to the accuracy of the information contained in any of the materials on this site.
2.2 Image and Performance shall not be liable to any person for any loss or damage, which may arise from the use of any of the information contained in any of the materials on this site.
2.3 Certain links in this site (typically a banner advert or icon) will lead to sites which are not under the control of Image and Performance. When you activate any of these you will leave the Image and Performance site and Image and Performance has no control over and will accept no responsibility or liability for the material on any site which is not under the control of Image and Performance.
3. LIMITATION OF LIABILITY
3.1 You agree that Image and Performance shall not be liable either in contract, tort, negligence, statutory duty or otherwise, for any:
3.1.1 loss of profits, revenue or goodwill or any type of consequential, indirect or special loss or damage whatever arising from or in any way connected with this Agreement;
3.1.2 direct loss or damage (including loss or damage which is reasonably foreseeable or occurs naturally in the course of things) resulting from any acts, omissions, failures or delays occurring on or in relation to those parts of the Internet not under Image and Performance ’s direct control including, without limitation, damage for loss of business, loss of sales, non payment of sums due, loss of profits, business interruption, loss of reputation, loss of business information, or any other pecuniary loss (even where Image and Performance has been advised of the possibility of such loss or damage).
3.2 You also agree that (except in relation to such liability as has been expressly excluded in clause 3.1 above) the maximum aggregate of liability of Image and Performance in contract, tort, negligence, statutory duty or otherwise (even where Image and Performance has been advised of the possibility of such loss or damage), for any loss or damage whatever arising from or in any way connected with:
3.2.1 any defect in a product;
3.2.2 any failure by Image and Performance to process signals, data, information, orders or messages correctly or in a timely manner;
3.2.3 any misrouting or non-delivery of signals, data information, messages or orders from you to other persons or from other persons to you, or any scrambling or distortion of data or information contained in them; and
3.2.4 any liability not excluded by this Agreement shall, in respect of any one or more events or series or events (whether connected or unconnected) taking place within any twelve month period be limited, in the case of defects falling within clause 3.2.1 This limit shall also apply in the event that any exclusion or other provision contained in this Agreement is held to be invalid for any reason and Image and Performance becomes liable for loss or damage that could otherwise have been limited.
3.3 You agree and acknowledge that you are in a better position than Image and Performance to foresee and evaluate any potential damage or loss that you may suffer in connection with the goods and services provided by Image and Performance, and therefore that Image and Performance cannot adequately insure in respect of such liability. You warrant to Image and Performance that you will insure against, or bear yourself, any loss for which Image and Performance has excluded liability.
3.4 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of liability set out in this clause 5 may not apply to you.
3.5 In particular, nothing in this Agreement shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of Image and Performance.
Save to the extent that it falls within the provisions of clause 5, you shall indemnify Image and Performance and any third party (including its sub-contractors) from and against any liability, losses, rights, expenses, loss of profits, business interruption, consequential loss, pecuniary loss, claims or legal proceedings, including, but not limited to claims involving defamation and intellectual property infringement, and expenses, including legal fees, arising from your use of the Image and Performance site or purchase of goods and/or services from that site which are brought or threatened against Image and Performance or suffered or incurred by Image and Performance by another person or entity.
Delivery times quoted are estimates only, and Image and Performance shall not be liable for any delays caused except to the extent caused wilfully or negligently by Image and Performance.
All designs, text, graphics and their selection and arrangement on this site are the copyright of Image and Performance or its content providers. As a visitor to the Image and Performance site you are licensed to copy electronically or to print portions of this site for your own personal, non-commercial use. Any other use of materials on this site without Image and Performance’s prior written consent is strictly prohibited.
7.1 Intellectual property rights in any software or any other copyrighted materials (“Software”) and supporting documentation supplied by us to you remain our property or that of our licensors.
7.2 Without our written consent and without affecting any applicable statutory rights under the Copyright (Computer Program) Regulations 1992 (as amended, supplemented or replaced from time to time) you shall not and shall not permit any other person to:
7.2.1 disassemble, reverse engineer, decompile or in any other way interfere with the Software;
7.2.2 copy or modify the Software; or
7.2.3 create any new Software partly or wholly based on the Software.
7.3 Subject to the terms of this Agreement, you are licensed to use the Software and associated documentation non-exclusively, but only for the purposes identified on the site in relation to the Software.
7.4 You must not transfer, assign or sub-license your right to use the Software or attempt to do so.
8. TYPOGRAPHICAL AND PRICING ERRORS
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse to meet or to cancel any orders placed for that product or service whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge. Image and Performance also reserve the right to withdraw offers and stock for reasons of administration or system error and again card charges will be reversed accordingly.
9. MATTERS BEYOND OUR REASONABLE CONTROL
Image and Performance shall not be held liable for any breach of this Agreement caused by circumstances out of its control including, but not limited to, Acts of God, fire, lightening, or extremely severe weather, explosion, war, disorder, flood, industrial disputes (whether or not involving our employees), acts or omissions of Internet services providers or acts of local or central Government or other competent authorities.
In the event of conflict or inconsistency between the terms of the English language version of this Agreement and any translation provided by us, the English language version shall prevail.
Any order or account deemed to have misused the system, website or offers available will be suspended and or deleted with immediate effect and is at the sole discretion of the company. In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.
12. GIFT VOUCHERS AND VOUCHER CODES
- Discount vouchers can be used towards goods of a higher price than the value of the Discount voucher on payment of the excess by credit/debit card.
- Discount Vouchers can be redeemed at www.imageandperformance.net on any purchase made in GBP sterling.
- Discount Voucher refunds are subject to these terms and conditions and are not assignable or transferable.
- Only one Discount voucher per person
- Only one Discount Voucher can be redeemed against a purchase in any one transaction.
- Discount Vouchers cannot be used in conjunction with Promotional and Gift Vouchers.
- Discount Voucher refunds are not transferable and have a cash redemption value of 0.001p.
- Discount Vouchers are non-returnable.
- Image and Performance reserve the right to immediately suspend proceedings with a purchase if it believes the customer is in breach of any of these terms and conditions.
- A Discount Voucher cannot be claimed on transactions that have already been processed by Image and Performance.
- Image and Performance terms and conditions of purchase for using the www.imageandperformance.net website apply.
- Image and Performance reserves the right to amend the terms and conditions of the Discount Voucher at any time and to take any action it deems reasonably necessary which may include cancelling the Discount Voucher. This does not affect your legal rights.
- Image and Performance cannot be held responsible for failure to meet its obligations regarding the sale, redemption or any other action in connection with the Discount Vouchers which occur as a result of, but not limited to, acts of God, fire, flood, governmental intervention or disruption or breakdown of computer and IT infrastructures.
- Voucher codes only apply against the full normal RRP of the product unless otherwise stated.
- Voucher codes cannot be used in conjunction with existing offers unless otherwise stated.
- The construction, validity and performance of these conditions shall be governed by the laws of England and Wales.
Image and Performance is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Image and Performance may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.
What we collect
We may collect the following information:
- contact information including email address
- demographic information such as postcode, preferences and interests
- other information relevant to customer surveys and/or offers
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- Internal record keeping.
- We may use the information to improve our products and services.
- We may periodically send emails about new products, special offers or other information which we think you may find interesting using
- the email address which you have provided.
- From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
14. COOKIE INFORMATION FOR USERS
Like most other companies, Image and Performance uses “cookies” to improve the experience for our website visitors. Cookies are tiny files, composed of a string of letters and numbers, placed on your computer by web page servers. They enable the website owner to distinguish you from other users of the website. Cookies cannot be executed as code or used to deliver viruses and they cannot enable us to access your hard drive. We cannot read any information on your hard drive even if we store cookies there.
The data generated through cookies on Image and Performance website can be used for various purposes including the following:
- Strictly Necessary: These cookies are essential in order to enable you to move around the website and use its features, such as accessing secure areas of the website and saving items to a shopping basket.
- Performance: These cookies collect information about how visitors use a website, for instance which pages visitors go to most often and if they receive error messages. These cookies are used to improve how a website works in future versions.
- Functionality: These cookies allow the website to remember choices you make such as user name, language or region you are in and provide a more enhanced personal experience.
- Targeting or Advertising: These cookies are used to deliver content more relevant to you and your interests.
We do not permit any third parties to advertise on our website but we cannot control advertisers that are allowed by internet service providers to advertise whilst you are browsing on the internet.
Image and Performance is required by law to obtain your consent for all types of cookies that we place other than those that are “Strictly Necessary”. Therefore, Image and Performance has made it easier for you to manage the different types of cookies that are used on our websites intended for use in the EU by allowing you to choose whether cookies are placed when browsing our website when you begin your visit. However, please be aware that if you use block cookies (including Strictly Necessary cookies) you may not be able to access certain functionality or parts of this site.
15. CONTROLLING YOUR PERSONAL INFORMATION
You may choose to restrict the collection or use of your personal information in the following ways:
- whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
- if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us a firstname.lastname@example.org
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.
We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.