Terms and Conditions
The “Seller” means Imagideas Ltd, Unit 4 Mill Hall, Mill Hall Business Estate, Aylesford, Kent, ME20 7JZ
The “Buyer” means the authorised person requiring goods and services via a purchase order to the Seller
1.1 Orders are subject to acceptance by Imagideas Ltd. These terms and conditions apply to all orders.
1.2 Data Protection. We have obtained your details from our customer list, enquirer records or from a third party business list. We may use your details to contact you from time to time to inform you of our products or services which may be of interest to you. If you wish to change any of your information or do not wish to continue to be part of our marketing program please write or e-mail us at Imagideas Ltd, Unit 4 Mill Hall Business Estate, Mill Hall, Aylesford, Kent,ME20 7JZ. Email: email@example.com
- Price and Payment
2.1 Orders placed by the buyer via the Seller’s web site the price payable for the Goods will be set out on the web site at the time the buyer places the Order.
2.2 If the Buyer accepts the Seller’s Quotation then the prices contained therein are only valid for the period of 30 days from the date of the Quotation. If the Buyer wishes to order the Goods stated in the Quotation after this period then a new Quotation should be obtained or an enquiry made as regards the price of the Goods upon making an Order.
2.3 Notwithstanding the above clauses the Seller reserves the right by giving notice to the Buyer at any time before delivery, to vary the price of the Goods to reflect any increase/decrease in cost to the Seller which is due to any factor beyond the control of the Seller.
2.4 The Buyer shall be responsible for any charges for VAT and carriage in addition to the price for the Goods unless otherwise agreed in writing between the parties.
2.5 The Seller must receive payment for the total price of the Goods and any applicable charges for VAT, carriage before the Order can be accepted unless otherwise agreed in writing.
2.6 If the Buyer has a credit account with the Seller, payment shall be made in full within 30 days of the date of invoice sent by the Seller to the Buyer in relation to the goods and services unless a prior agreement has been made and authorised by the Seller. The Seller shall be entitled to revoke any credit facility if the Buyer fails to make payment by the due date. In addition, if payment is not made by the due date charge whether before or after judgement for any legal or other recovery costs.
2.6 For all custom made products the order is confirmed and cannot be cancelled or returned after the specification document or artwork proof has been approved by the Buyer.
3 – Delivery and title
3.1 Delivery of the Goods shall be made by the Seller to the address of the Buyer as stipulated on the Order, or by Buyer collecting the Goods at the Seller’s premises at any time after the Seller has notified the Buyer that the Goods are ready for collection. A signature indicating safe receipt of the Goods will be required on delivery or collection.
3.2Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused.
3.3Risk of damage to or loss of the Goods shall pass to the Buyer in the case of Goods the Buyer has requested the Seller to leave unattended at their requested delivery address when the Buyer is unable to take receipt of the goods and sign for the goods, at the time of delivery.
3.4Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Terms, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods together with any charges in respect of VAT and carriage.
3.5Until such time as the property in the Goods passes to the Buyer, the Seller may at any time require the Buyer to deliver up the Goods to the Seller, and if the Buyer fails to do so forthwith, enter on any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
3.6 The Seller reserves the right to charge for delivery charges applicable at current rates according to the area and delivery time required and will be advised when the order is ready.
3.7 Deliveries are made using a national carrier service. Goods are delivered to the front door of ground floor locations only. The delivery person/driver may at his/her discretion, assist with delivering the goods to a location within the premises nominated by the customer, at the customer’s own risk. No responsibility will be taken by the seller for failure to deliver by the carrier company once despatched from the Sellers property.
Terms and Conditions –Page 2 of 2
5 – Liability
5.1 claim by the Buyer which is based on any defect in the quality, quantity or condition of the Goods shall be notified to the Seller (where the defect or failure was not apparent on reasonable inspection) within 5 days of the discovery of the defect or failure.
5.2 If delivery is not refused and the Buyer does not notify the Seller accordingly, the Buyer shall have no right to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the contract.
5.2Inspection of goods immediately on receipt of a delivery is recommended. Damage or short delivery must be notified to the Seller within 5 days.
5.3Where the Buyer does notify the Seller that there is a valid claim in respect of any of the Goods the Seller will, on receipt of the returned goods identify the fault or damage and otherwise inspect the goods.
The Seller may replace, repair or refund to the Buyer the price of the Goods at its discretion, in which case the Seller shall have no further liability to the Buyer. If the goods are found to be in good order without defect they will be returned to the seller at the sellers cost.
For the sake of clarity, the Seller shall not be liable to the Buyer for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage arising out of any problem in relation to the Goods and shall have no liability to pay any money to the Buyer by way of compensation other than any refund made under these Terms. This does not affect your statutory rights as a consumer, nor is it intended to exclude the Seller’s liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
5.4The Seller shall be under no liability in respect of any defect arising from fair wear and tear, willful damage, negligence, abnormal working conditions, external force, damage caused by the Buyer or any other party, or damage caused by the incorrect installation, use, modification or repair of the Goods.
5.5 The above warranty is given solely to the Buyer and is not transferable to any third party.
6 – Termination
The Seller shall be entitled to suspend further supply or delivery, stop any goods in transit or immediately terminate the contract with the Buyer by notice in writing if the Buyer is in breach of an obligation hereunder or becomes unable to pay its debts when they fall due or proceedings are commenced by or against it alleging bankruptcy or insolvency.
Upon termination, all monies owing to the Seller in accordance with these Terms becomes immediately due and payable and the Seller shall be under no further obligation to supply any goods to the Buyer.
7 – Events beyond our control
The Seller shall have no liability to the Buyer for any failure or delay in supply or delivery or for any damage or defect to the Goods supplied or delivered hereunder that is caused by any event or circumstance beyond its reasonable control (including without limitation strikes, lockouts, acts of God and the like.
8 – General
If any part of these conditions is invalid, illegal or unenforceable (including any provision in which the Seller excludes its liability to you, the Buyer) the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with English Law.
9 Force majeure – We will not be held responsible for failure or delay in the carrying out of our obligations under the contract arising out of 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 to you.
- All products, goods and services are supplied by Imagideas Ltd on the understanding that the purchaser agrees to the Company’s Main and Full Terms and Conditions of Sale.
- All goods are offered subject to availability at time of confirmation of order.
- We require a written confirmation of order from the customer for every order placed. No responsibility can be taken for any errors that occur regarding any part of an order if a written confirmation is not received.
- When an Order Specification Sheet has been approved we take no responsibility for any errors.
- When an artwork / embroidery visual has been approved we take no responsibility for any errors.
- Colour variations – Due to the variety of materials and the imprinting processes utilised by the Company and its suppliers, no guarantee can be given to match exactly Pantone numbers or colour samples provided by the client. The Company will endeavor to match as closely as possible to these colour references but cannot be held liable for any further costs that may arise.
- Artwork and printing – All artwork and printing charges will be levied where necessary unless previously stipulated by us. Where applicable the prices shown include artwork, printing one colour one position, for Additional print colours and positions of printing, prices are shown for quantities other than those listed please use the quick quotation form to obtain an exact quotation or contact via telephone, fax or email.
- Changes to artwork – In order to print efficiently from the artwork you supply, it may be necessary to adjust or redraw your artwork. You will be advised of the changes made. No printing will take place until we have received in writing your “signed off” approval of the artwork. In order to sign off your artwork we will send you an artwork approval form via email illustrating how your artwork will look on your chosen product. This MUST be checked thoroughly and signed off. The job will not commence until we have received in writing this signed off approval. You must notify us of any discrepancy in the artwork or order as we DO NOT accept any liability of any post-completion errors or omissions.
- Every effort will be made to deliver goods on time but no responsibility can be accepted for late delivery.
- Claims arising from shortages must be made in writing within 5 days.
- No credit allowances can be made for worn garments.
- Sizes, measurements and descriptions of goods are for guidance only and the company cannot guarantee absolute consistency of size, material, proportion, colour or shade. All products purchased should be washed or cleaned strictly in accordance with the washing instructions provided on the garment label. The company will accept no responsibility if instructions are not followed precisely.
- Imagideas Ltd take no responsibility for any application for machine errors on goods supplied to us.
- All goods supplied to Imagideas Ltd by the customer are left at the customers own risk.
- All samples ordered and received will be invoiced if they are not returned within 30 days and not returned in the same condition and original packaging.
- Goods will not be despatched when the purchaser’s account is overdue or credit limit has been exceeded.
- For non account customers we require a 50% deposit with initial order and balance paid on collection by cash, card payment or bank transfer. We are pleased to open a credit account subject to references.
- Credit card transactions are subject to a 2% charge on the total order including VAT.
- For account customers terms are 30 days nett from date of invoice on approved accounts.
- All transactions are subject to the company’s Main and Full Terms.