1. Goods means the articles or things described in the contract between Iglow Creative and Print Ltd and the purchaser.
2. These conditions shall be deemed to be incorporated in all contracts of Iglow Creative and Print Ltd to sell goods and in the case of any inconsistency with any order or form of contract sent by the purchaser to Iglow Creative and Print Ltd whatever may be their respective dates the provision of these Conditions shall prevail unless expressly varied in writing and signed by a director on behalf of Iglow Creative and Print Ltd.
3. Notwithstanding that Iglow Creative and Print Ltd may have given a detailed quotation no order shall be binding on Iglow Creative and Print Ltd unless and until it has been accepted in writing by Iglow Creative and Print Ltd.
4. PRODUCTS (GOODS): We reserve the right to alter any details of products advertised without notice and while every effort is made to describe goods accurately in the advertisement no warranty is given as to accuracy and no responsibility will be accepted for error or mis-scription and any resulting loss.
5. By their nature goods do not have a redeemable value and no refunds or credits for goods correctly supplied will be entertained.
6. Payment of goods a.All goods shall be paid for at the time of order. b.No goods shall be dispatched or collection allowed until paid for in full.
7. QUANTITY & LIABILITY
a.Any shortcomings or defects in goods supplied must be notified to Iglow Creative and Print Ltd within 3 days of delivery. Such goods must be returned to Iglow Creative and Print Ltd for inspection. b.Nothing herein shall impose any liability upon Iglow Creative and Print Ltd in respect of any defect in the goods arising out of the acts, omissions, negligence or default of the purchaser, its servants or agents including without prejudice to the generality of the foregoing handling and storage of the goods. c.Nothing herein shall have the effect of excluding or restricting the liability of Iglow Creative and Print Ltd: i.death or personal injury resulting from its negligence insofar as the same is prohibited by U.K. statute, or; ii.Under sections 12,13,14 and 15 of the Sales of Goods Act 1979 to a purchaser who is dealing with a customer (as defined by section 12 of the Unfair Contract Terms Act 1977).
7.1 Iglow Creative and Print Ltd shall not be liable for any costs, claims or damage arising out of any act of tort or omission or breach of contract or statutory duty calculated by reference to profits, income production or accruals or loss of such profits, income production or accruals or by reference to accrual of such, claim, damages or expenses on a time basis.
7.2 The liability of Iglow Creative and Print Ltd to the purchaser for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances exceed the price of the goods.
7.3 If the purchaser shall be in breach of any of their obligations under the contract Iglow Creative and Print Ltd may (without prejudice to Iglow Creative and Print’s rights subsequently to determine the contract for the same cause should it so decide) suspend further deliveries of goods without notice until any defaults by the purchaser are remedied.
7.4 No statement, description, information, warranty or recommendation contained in any catalogue, price list, advertisement or communication or made verbally by any of the agents or employees of Iglow Creative and Print Ltd shall be construed to enlarge, vary or override in any way these conditions.
7.5 Any concessions made or latitude allowed by Iglow Creative and Print Ltd to the purchaser shall not affect the strict rights of Iglow Creative and Print Ltd under the contract. If in any particular case any of these conditions shall be held to be invalid or shall not apply to the contract the other conditions shall continue in full force and effect.
7.6 The contract shall in all respects be governed by English law and shall be deemed to have been made in England and the purchaser and Iglow Creative and Print Ltd agree to submit to nonexclusive jurisdiction of the English courts.
7.7 Iglow Creative and Print Ltd retains all copyright for inclusive design until such time as the customer pays for the goods in full. Upon full payment being received the copyright becomes the property of the customer.
8.1 Every effort will be made to deliver on time, but any delivery day specified is a best estimate and no liability is accepted for any loss arising from delay or error in the delivery of the goods. All deliveries will be charged at the prevailing rates applying at the date of such delivery.
8.2 Customers should enter the correct delivery address in the delivery address fields at the time of placing the order
8.3 If goods are returned to us as a result a delivery failure we reserve the right to charge the customer for a further delivery
8.4 Goods can only be delivered to one address per order
8.5 Special rush deliveries can usually be arranged but will usually be subject to additional charges (eg. rush print charges and rush delivery charges), which will be charged to you at current commercial rates.
9. QUANTITY VARIATION
We shall be deemed to have fulfilled our contract by delivery of a quantity within 5% plus or minus of the quantity of printed goods ordered and you will be charged at the contract rate for the quantity delivered.
10.1 Claims arising from damages, delay or partial loss in transit must be made in writing to us, so as to reach us within 3 days of delivery.
10.2 All claims with regard to the quality or quantity of the goods shall be made in writing to us so as to reach us within 5 working days of receipt of goods or such goods shall be deemed to comply as to quality and quantity within the terms of the contract.
10.3 You must examine all goods delivered at the time of delivery. We shall not be liable for any loss arising from damage caused to the goods in transit unless loss or damage is noted on the delivery note at time of delivery.
10.4 Claims in respect of non-delivery must be made in writing so as to reach us within 4 days from receipt of our invoice.
11.1 Save in so far as defects in the goods cause death injury or damage to personal property, our liability for any loss or damage suffered by you in respect of the goods shall be limited to the contract value of the goods.
11.2 We can accept no responsibility for loss or damage arising from the supply of goods under this contract unless you have fully complied with the notification of claims procedure set out in clause 10.
11.3 Nothing in these terms and conditions shall affect the rights of a consumer.
12.1 We reserve the right to rectify defective work by reprinting and shall not be liable to refund.
12.2 If we offer to replace you must accept such an offer unless you can show clear cause for refusing to do so.
12.3 If you do opt to have work re-done by a third party without reference to us you automatically revoke your right to any remedy from us.
12.4 Defective work must be returned to us before replacement, if the subject work is not available we will assume that it has been accepted and no replacement will be provided.
12.5 CANCELLATION CHARGES Please note that a 5% charge of the total value of the original order will be made on all cancelled orders plus a £10.00 charge to cover administration costs. Any costs incurred for work already carried out up to the date of written cancellation will also be charged for and deducted before any refunds are made.
13. DESIGN SERVICE
13.1 Our standard design service prices do not include the supply of high resolution files to clients. High resolution files can be purchased at an additional charge
13.2 Iglow Creative and Print Ltd retains all copyright for inclusive design until such time as the customer pays for in full the goods (design and print). Upon full payment being received the copyright becomes the property of the customer.
13.3 If the customer has requested the design of visuals or artwork but chooses not to proceed, then the client will incur the cost for time spent on creating the artwork up to that point.
14. QUANTITY CHANGES TO ORDERS
Any changes in quantity ordered must be made in writing to us prior to commencement of processing. Any increases in the order must be regarded as a separate contract unless written notification is received before work commences on the original order.
15. ARTWORK AND PRINTING
15.1 The entire copyright throughout the world in all printing plates, litho positives and negatives, artwork, designs, photographic transparencies, negatives or positives and any other artistic craftsmanship made by or for Iglow Creative and Print Ltd pursuant to or in implementation of any contract with the customer shall belong to Iglow Creative and Print Ltd.
15.2 Iglow Creative and Print Ltd agrees that unless the customer becomes in default of any obligation to make any payment to Iglow Creative and Print Ltd, it will not reproduce any such items for any competitor in business of the customer.
If we have not been given printing approval after 14 days a 5% charge of the total value of the original order will be made plus a £10.00 administration fee.
17. ON HOLD
If we have not been notified after 14 days a 5% charge of the total value of the original order will be made plus a £10.00 administration fee.
18. FORCE MAJEURE
We will not be held responsible for failure or delay in the carrying out of our obligations under the contract arising from any cause outside our reasonable control or by inability to procure materials or articles except at higher prices due to any such cause and in such circumstances we shall be entitled by notice to terminate the contract in whole or in part without incurring any liability whatsoever to you.
The contract between ourselves the Company and the Customer shall be governed by and construed in accordance with English Law.
Complaints must be made within 48 hours of receiving your goods. Any complaints made after this time period are void of any right to refund or reprint.