Terms & Conditions of our Service
us / we / seller: Ashley L Emmott t/a Cardaxis™.
you / your / buyer: The persons or organisation by whom the order is given to us.
goods / products: All products and services which we supply.
printed product: Any product printed to your specifications.
1. THIS AGREEMENT
This page and the documents referred to within set out the terms and conditions on which we supply all goods and services. These terms and conditions override any other agreements stipulated, incorporated or referred to by the buyer in any order, correspondence or in any other way. We reserve the right to make changes to these terms and conditions at any time and without prior notice.
If any part of these terms and conditions are deemed to be invalid, unlawful or unenforceable by any competent authority, only the relevant terms or conditions will be affected and the remainder of the contract will be valid to the fullest extent permitted by law.
2. ABOUT YOU
By placing an order with us you warrant that you:
are an operating business or organisation;
are legally capable of entering into binding contracts;
have the necessary authority to order goods on behalf of the business or organisation you represent;
You agree that you will only supply us with a third party’s personal data if they have given you express consent to do so and that you will update us if data consent is withdrawn by a data subject so we can remove all relating data from our systems.
You accept that you are liable for and will indemnify us in full for any claims brought against us if you fail to notify us of changes to consent to hold data.
4. THE CONTRACT
Any order you place constitutes an offer to buy goods from us and is subject to our written acceptance. On our written acceptance of your order the contract is formed between us. Once the contract has been formed the terms of the contract cannot be varied or cancelled without our written consent. We reserve the right to cancel the contract at any time and without prior notice.
5. MATERIAL SUPPLIED BY YOU
All material you transfer to us must comply with the law applicable in England and Wales and in the country from which it is provided and in particular that it is not;
passing off as another party; or
offensive, hateful, discriminatory or inflammatory; or
likely to cause annoyance, inconvenience or anxiety to any person; or
threatening, abusive or invasive of any person’s privacy; or
likely to breach the intellectual property rights or the confidentiality of any person; or
fraudulent or connected with the committal or possible committal of a criminal offence.
We reserve the right to refuse to reproduce material which does not comply with these content standards.
You must ensure the material you supply is suitable and satisfactory for print reproduction. You accept that we are not liable for faults such as typesetting errors or blurred images in printed products, proofs or samples due to material supplied by you.
You must check and approve all product proofs and samples we supply. You accept that products cannot be changed or cancelled after you approve a proof or sample. We are not liable for errors in any proofs, samples or printed products you subsequently discover after approving product proofs or samples.
All images of goods which we provide are for illustrative purposes only. You accept that variations in colour, quality and alignment are inherent within the printing process. You accept that computer screens vary in graphics capabilities and as such the appearance of goods will vary from the images you see on your device screen during the order process.
8. PRODUCT VARIATION
We will endeavour to ensure all goods correspond to any samples, proofs and specifications we supply, however, you accept that each product supplied may vary in appearance and specification. For the avoidance of doubt, product proofs and samples do not constitute a sale by sample.
9. AVAILABILITY and DELIVERY
We usually dispatch goods using Royal Mail delivery services which require a signature on delivery. The delivery dates we provide are estimates only and time is not of the essence. We are not liable for late deliveries or any consequential damage arising therefrom.
Signed For deliveries are deemed complete when goods have been signed for at the delivery address and non-signed for deliveries are deemed complete if not reported missing within 7 days of dispatch.
If you refuse or fail to take delivery of goods, all risk of loss or damage to the goods will pass to you and without prejudice to any other remedies:
We will become entitled to immediate payment in full for the goods supplied plus carriage;
You will be liable to pay any costs incurred as a result of refusal or failure to take delivery.
If you fail to provide sufficient delivery details and delivery is delayed or fails as a result, delivery will be treated as failed or refused and the relevant terms will apply.
Non-delivery of goods must be reported to us by email within 7 days of dispatch. We will investigate reports of non-delivery and if goods cannot be successfully delivered to you within a reasonable time, we will provide replacements.
11. OWNERSHIP, RISK and TITLE
You assume all risk in the goods from the time of delivery. Ownership of the goods will pass to you on delivery providing you have paid for them in full.
If goods are delivered to you before payment is received, you will possess the goods on a fiduciary basis and the goods will remain our property until you have paid for them in full. Whilst you possess goods on a fiduciary basis you will maintain the goods in a condition that is satisfactory to us and you will retain the goods at no cost to us.
We will endeavour to deliver the correct quantity of goods, however, you acknowledge that variations in respect of quantities are inherent within the printing industry. Our liability in respect of shortages is as follows:
13. CHARGES and PRICING
Prices are as quoted on our website and written quotations, except in cases of error. If we discover a pricing error in your order, we will inform you and offer you the option of purchasing the goods at the correct price or cancelling your order.
Any work you instruct us to undertake including producing artwork, proofs and samples is chargeable.
We reserve the right to alter our current prices at any time without prior notice. We reserve the right to modify the specification of goods, or to withdraw them from sale without notice.
Orders placed outside of the UK may be subject to import duties and taxes. We are not liable for any duties, fees or additional charges for customs and clearance levied by the importing country at the time the delivery arrives in your country.
Payment is required in advance unless otherwise agreed by us in writing.
Invoices issued on payment terms are due and payable within the timeframe set out in the invoice. You agree to make payment against all issued invoices in full and without deduction for any reason. In the event of non-payment of an invoice;
All outstanding invoices will become immediately payable regardless of the payment terms period;
We will cancel the contract and suspend further deliveries to you;
A late payment surcharge of £30 will apply on the day the invoice becomes overdue;
An additional non-payment surcharge of £40 will apply to invoices unpaid 28 days after the due date.
We may issue court proceedings to resolve unpaid invoices and you may be liable for any costs as a result.
You must inform us of the grounds of any dispute with an invoice within 7 days of the invoice date. You will pay the total value of the invoice less the disputed amount and on settlement of the dispute, any sum outstanding will be payable in accordance with these terms.
Payments will be deemed as received when we are in receipt of cleared funds.
15. CALL-OFF AGREEMENTS
A call-off agreement is when you pay an upfront sum for goods which we will supply to you on an ad-hoc basis. The value of the goods we supply plus carriage will be deducted from the total sum you pay upfront until the sum reaches zero or until expiry at which point the call-off agreement will end.
All goods we supply on an call-off agreement will be supplied in accordance with these terms and conditions.
Any sum paid towards your call-off agreement is non-refundable and non-transferable. You agree you will not pay for more goods than you will need within the next 12 months. Call-off agreements expire and end 12 months from the invoice date and any unused sum is non-refundable and non-transferable.
16. REPLACEMENTS and DEFECTIVE GOODS
If goods reach you in a defective condition you must inform us within 7 days of delivery. We may ask you to return the goods to us for examination and if goods are found to be defective we will provide replacements.
We may accept the return of non-defective goods which are returned at your cost in a resalable condition. Whether goods are considered resalable is at our discretion. A restocking fee of 10% of the purchase price will be deducted from any refund or credit note we issue, or 50% if the goods have been used before being returned to us.
You must ensure returned goods are properly insured. We are not responsible for returned goods that are lost or damaged in transit.
We will have no liability to provide a remedy for defective goods if the total price for the goods has not been paid by the payment due date. We are not responsible for ensuring the goods we supply are suitable for your purposes.
Our liability in respect of misprints are as follows:
17. INTELLECTUAL PROPERTY
Our website and all intellectual property therein is owned by or licensed to us. You may use our site and samples to place an order with us, but such use will not transfer ownership of any part of our website or our intellectual property rights to you.
All artwork we create at your request remains our intellectual property until you have paid for it in full. We reserve the exclusive right to copy, print or publish any artwork which we create.
18. OUR LIABILITY
Subject to the points listed below, our liability in connection with any goods we supply is strictly limited to the purchase price of the goods, including delivery costs. We do not exclude or limit in any way our liability;
for death or personal injury caused by our negligence; or
under section 2(3) of the Consumer Protection Act 1987; or
for fraud or fraudulent misrepresentation; or
for any matter which it would be illegal for us to exclude our liability; or
Whether caused by our negligence, or by breach of contract or of duty, we exclude all liability; or
for any direct loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time; or
for any indirect or consequential loss or damage of any kind however arising, even if foreseeable.
Except as stated in these terms and conditions, we do not give any representations, warranties or undertakings in relations to the goods supplied. Any representation, condition or warranty which might be implied or incorporated into these terms and conditions by statute or otherwise is excluded to the fullest extent permitted by law.
You are fully responsible for maintaining copies of communications and materials. We will not be liable to you for any loss, corruption or damage to your communications and / or materials.
20. TRANSFER of RIGHTS and OBLIGATIONS
These terms and conditions are binding on you and us and on our respective successors. You may not transfer, assign, charge or otherwise dispose of the contract or any of your rights or obligations arising under it without our prior written consent.
We may transfer, assign, 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.
21. FORCE MAJEURE
We will not be liable or responsible for any delay in performance or failure to perform any of our obligations under the contract that is due to an event beyond our reasonable control. Events outside our control include any act, event, non-happening, omission or accident beyond our reasonable control and includes but is not limited to;
fire, explosion, storm, flood, earthquake or any other natural disaster;
war or threat of preparation for war, terrorist attack or threat of terrorist attack, civil disturbance or invasion;
impossibility of the use of railways, shipping, aircraft, motor transport or any other means of transport;
acts, restrictions, regulations, legislation or prohibitions or measures of any kind on the part of any governmental, parliamentary of local authority;
impossibility of the use of public or private telecommunication networks;
strikes, lock-outs or other industrial actions or trade disputes;
difficulties in obtaining raw materials, labour, fuel, parts or machinery;
power failure or breakdown in machinery;
Our performance under any contract will be suspended for the period that the event(s) outside our control continues and we will have an extension of time for performance for the duration of that period.
22. GOVERNING LAW
These terms and conditions will be subject to and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English court.
23. OUR DETAILS
Ashley L Emmott t/a Cardaxis™
286 Bolton Road, Greater Manchester, M26 3GP.
tel. 0161 900 5383 | firstname.lastname@example.org
This document was last updated on 23rd JUNE 2020