LORNA WILES TEXTILES
TERMS & CONDITIONS OF SALE
“The Seller” shall mean Lorna Wiles Textiles.
“The Buyer” shall mean any individual, business, company, charity, organisation or partnership who enters into a contract with the seller in respect of goods or services provided by the seller.
“Goods” shall mean the articles ordered by the buyer and supplied by the seller to the buyer.
“Services” shall mean the work and all intangible actions and carried out by the seller in fulfilling the order made by the buyer. “Services” shall include but not be limited exclusively to the undertaking by the seller of printing, graphic design, making of films & screens and packaging in relation to fulfilling the order made by the buyer.
“Price” shall mean the price in Pounds Sterling exclusive of Value Added Tax as advertised by the seller either in their current price list or as quoted by the seller.
“Intellectual Property Rights” shall mean all patents whether registered or pending, all trademarks whether registered or unregistered and all copyright, branding & designs whether registered or unregistered.
These Terms & Conditions shall be applied to all transactions between the seller and the buyer in respect of goods and services ordered by the buyer from the seller. An order shall be deemed to be made by the buyer whenever goods and/or services are requested of the seller by the buyer whether in writing, by facsimile, email, telephone or in person.
Any order made by the buyer to the seller shall be deemed as acceptance of these terms and conditions.
Any variation to these terms & conditions that is agreed between the buyer and the seller must be confirmed by the seller either in writing or by email.
The price of goods and /or services supplied by the seller to the buyer in the UK shall be subject to the addition of Value Added Tax (VAT) at the Standard Rate. Prices are quoted exclusive of VAT. Buyers within the European Union will also be subject to VAT at the Standard rate unless a valid VAT number can be provided. Buyers based in a country outside the scope of VAT will still be charged VAT where delivery is within the UK.
The seller accepts payments by cheque, cash or automated bank to bank transfer.
For new customers payment may be requested on a pro forma basis. In this case goods will only be despatched upon receipt of payment in full. For existing customers with a credit account invoices will be issued on despatch of goods. These invoices are payable strictly within 30 days.
The seller reserves the right to charge interest on invoices that are overdue and this shall be calculated at 8% plus the Bank of England base rate accruing on a daily basis until such time as payment is made in full. The seller reserves the right to take legal action to recover any unpaid debts from the seller and the seller remains liable for any costs incurred in so doing. Similarly the seller reserves the right to pass uncollected debts to a debt recovery agency, the costs of doing so being the liability of the buyer.
The seller reserves the right to remove credit facilities in the case of persistent late payment and to place the Buyer on pro forma terms.
The seller will do their utmost to meet the delivery date requested by the buyer but cannot absolutely guarantee a specific time or date for delivery and cannot be responsible for any delays in delivery that are outside their control.
Most deliveries are despatched by courier on a 2-3 day service or a next day service if necessary. Buyers who require a more specific time or guaranteed service may request a next day before 10am or before 12 noon or Saturday service at their own expense.
The Seller will take every care to ensure that goods are suitably packed for delivery. Any damage in transit must be reported to the Seller within 5 days of receipt by the buyer ( 24 hours of receipt if goods are bone china mugs). No claims for damage in transit can be entertained after this period.
Title to any goods supplied shall be transferred to the Buyer only when all monies owed to the Seller have been paid by the Buyer.
In the event that payment is not received and the Seller takes steps to recover the monies due then the Seller retains the right to repossess the goods and sell the same. Any sums recovered in this way will be used by the Seller against any outstanding sums due from the Buyer.
The Seller shall undertake to print design(s) supplied by the Buyer only on the understanding that the Buyer holds full copyright to the design(s) or the Buyer has the express permission of the copyright holder to reproduce such design(s). It is the responsibility of the Buyer to ensure that no intellectual property rights are infringed and the Buyer shall undertake to reimburse the Seller for any and all expenses incurred due to the breach or alleged breach of intellectual property rights.
The Buyer retains the copyright to their own artwork. The Seller retains the copyright and title to all colour separations, films, screens and to any artwork that has in any way been created, altered or amended by the Seller for the purposes of making the design suitable for printing. The Seller reserves the right to charge the Buyer for alterations or amendments to original artwork provided by the Buyer in order to render the artwork suitable for printing. The costs of doing this are charged at a standard hourly rate or as agreed by between the parties.
The Seller may from time to time use printed samples for marketing purposes and the Buyer agrees to allow their artwork to be used in this way unless the Buyer expressly requests that the Seller does not do so.
PROOFS AND SAMPLES
The Seller shall on receipt of artwork and a firm order from the Buyer prepare the artwork for printing and where necessary send the Buyer by email a digital layout of the design. The Buyer shall be responsible for checking that the artwork is exactly as required and that any text is accurate. If any amendments are required, the Buyer shall notify the Seller who will make the necessary amendments and may send the Buyer a second digital layout for approval. Once the Buyer has notified the seller that the layout is correct, the Seller will make the films and screens and print a sample of the goods for approval. The Buyer should check this sample carefully on receipt and notify the Seller if any alterations are required. Alterations that differ from the original artwork or approved PDF layout may be subject to charges if new film(s) and /or screen(s)are necessary.
For screen printed bone china mugs no printed sample can be provided although a digital layout will be sent to the buyer.
Should the Buyer decide not to proceed with the full order once the printed proof has been supplied by the Seller then the Buyer will liable for the cost of producing the film(s), screen(s), printing the sample and any artwork costs.
The usual practice of the Seller is to provide the buyer with one copy of a printed proof. In the event that the buyer requires additional copies then these are chargeable.
COLOUR AND PRODUCT SPECIFICATIONS
Where the Buyer requires specific colour matching then the Seller should be supplied with either Pantone Matching System Uncoated colour references or physical colour swatches. Whilst the Seller will endeavour to match these colours as closely as possible, there may be some shade variation between orders of the same designs on different products and/or between re-orders of products due to the natural tendency of cotton products and/or china glazes to vary between batches.
The specified size of cotton products may vary by +/- 5%
The precise shade of unbleached or white cloth may also vary. This may be due to the finishing processes and s beyond our control.
Where the Buyer provides their own materials to be printed by the Seller then the Seller shall hold such materials at the Buyer’s own risk. The Buyer is responsible for insuring their own goods while on the premises of the Seller and in transit to and from the Seller. The Seller’s process requires that a small number of extra materials exactly as those to be used during printing are provided for the purpose of setting up and the Buyer should allow for these “reject” prints when calculating the amounts of materials to be provided to the Seller. Where the Seller prints materials provided by the Buyer then the Seller shall not be responsible for any loss to the Buyer caused by errors in printing.
This Agreement is governed by English law and the Seller and the Buyer agree that any dispute will be determined by a court in the United Kingdom.