Terms and conditions
These Terms and Conditions apply to all orders and supersede all others. Receipt of acknowledgement of order by you constitutes your acceptance of these conditions notwithstanding any purported terms put forward by you.
1. Branded Deckchairs
Branded Deckchairs is owned and operated by Example Marketing and Web Design whose office address is Suite A, 5 The Old Eagle, Market Place, Dereham, Norfolk, NR19 2AP (“Example Marketing”). VAT Registration No. GB 205 7436 21.
2. Price Variation
Price estimates are based on Example Marketing’s current costs of production and, unless otherwise agreed, are subject to amendment on or at any time after acceptance, where such amendment is required in order to meet any rise or fall in such costs.
Example Marketing reserves the right to charge the amount of any value added tax payable whether or not included on the estimate or invoice.
We reserve the right to alter any details of products advertised without notice. 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 and any resulting loss.
5. Preliminary Work
Once your design project is initiated and any preliminary artwork has been created by Example Marketing, all payments made by you become non-refundable.
Where any additional work of whatever nature is necessary as a result of copy supplied by a customer not being clear and/or legible, Example Marketing shall be entitled to make additional charges on a time and materials basis to cover such additional work.
Please note that the colour of the printed item will be affected by the type of material chosen for the artwork to be printed on. Example Marketing will not accept liability or responsibility for any variations in colour or any other defects or irregularities as a result of this.
Proofs are NOT supplied as standard. Proofs must be requested by the person ordering at the time of ordering in writing, verbal confirmation will not be accepted. All proofs are subject to an additional charge unless otherwise agreed.
If whilst performing a standard or advanced (proofing) check, Example Marketing discovers that the Artwork provided by the customer is defective or incorrect, Example Marketing will notify the customer. It is the customer’s responsibility to either provide the corrected artwork, or give permission for Example Marketing to the make the necessary changes (charges will be applicable). If the customer chooses to proceed without making the advised corrections, then they do so at their own risk. We will not be held responsible for any mistakes, viewing, spelling, punctuation, contact details or layout.
Please check proofs thoroughly as once passed, all proofs are deemed correct and ready to go print and the responsibility passes to the customer. Example Marketing shall incur no liability for any errors not corrected by the customer in proofs so submitted. Additional charges shall be made for any additional proofs that are required as a result of alterations required by the customer.
When style, type or layout is left to Example Marketing’s discretion, any subsequent changes to such style, type or layout required by the customer shall be subject to additional charges on a time and materials basis.
Example Marketing may use any artwork or printing produced by itself for the purposes of promoting itself. The customer shall be responsible for obtaining all necessary authorities and consents to reproduce pictures, artwork, photographs, copyright text and/or any other reproducible materials prior to instructing Example Marketing to reproduce the same. The customer shall indemnify and hold Example Marketing and its agents and representatives harmless against all claims, demands, actions, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of any claim (including but not limited to the defence of such claim) that the reproduction of the Materials by Example Marketing infringes the intellectual property or other rights of any third party or misuses the confidential information of a third party.
All design, text, illustrations, graphics, photographs, diagrams, drawings, logos and the selection and arrangement thereof, and all source code and all other material content of any Website owned, controlled or operated by Example Marketing are the intellectual property of Example Marketing or its content providers and as between Example Marketing and the customer all intellectual property rights (including all copyright) arising out of or connected with such content shall belong to Example Marketing. No reproduction of any part is allowed without written permission.
9. Company Imprint
Unless otherwise specifically requested in writing any work may carry the Example Marketing or Ink on Fabric imprint which will be positioned at Example Marketing’s discretion. This will be made clear on any proof, prior to approval.
10. Delivery & Payment
Turnaround is measured in Working Days, defined as days on which the clearing banks in the City of London are open for normal business. For orders made on a Guaranteed Turnaround service (being orders guaranteed to be ready within a certain period (the “Guaranteed Period”)), delivery (as more particularly described in paragraph 9(b) below) will be made no later than 10pm on the last Working Day of the Guaranteed Period. Should Example Marketing fail to deliver within the Guaranteed Period (see also paragraph 11 Variations in quantity), a service “credit” will be awarded up to the value of the order in question (redeemable against future orders within 6 months of issue of the Credit in question) (the “Credit”). The customer will still be obliged to pay in full for the order in respect of which delivery was late, including any of the sums charged specifically for the provision of the Guaranteed Turnaround Service (“the Premium Charges”).
Where the late delivery is as the result of the action or inaction of a third party, such as a carrier, Example Marketing, at their absolute discretion, may elect to extend the Turnaround by one Working Day and the customer shall not be awarded a Credit during this time.
In addition: These services rely on the customer not delaying the progress of the order in any way (which delays include but are not limited to the customer not returning proofs by the time specified by Example Marketing or failing to make payment by the time such payment is due) (a “Customer Delay”). In the event of a Customer Delay the customer shall not be awarded a Credit and the customer shall still be obliged to pay the Premium Charges but Example Marketing shall not be bound to deliver within the Guaranteed Period.
Delivery of work by Example Marketing shall be deemed to take place upon actual delivery of the work to the customer by Example Marketing. Where Example Marketing is obliged to deliver the work to the customer but the customer provides Example Marketing with incomplete or incorrect delivery information or is not available to accept delivery, then provided that the Example Marketing has used reasonable endeavours to deliver the work to the customer, a failed delivery shall be classed as a Customer Delay.
Should expedited delivery be agreed Example Marketing shall be entitled to make additional charges on a time and materials basis to cover any overtime or any other additional costs involved, including without limitation, the cost of couriers or special delivery post.
Should work be suspended at the request of or delayed through any default of the customer for a period of 30 days or more Example Marketing shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.
Risk of, loss of, or damage to work completed by Example Marketing shall pass to the customer on delivery. Notwithstanding delivery and the passing of risk in the work to the customer, ownership of and title to the work shall not pass to the customer and shall be retained by Example Marketing until Example Marketing has received payment in full in respect of the work.
In the unlikely event that Example Marketing deems it necessary to re-print work, the Guaranteed Period shall recommence from the time of Example Marketing’s confirmation to the customer of its agreement to reprint the work.
11. Variations In Quantity
Every endeavour will be made to deliver the correct quantity ordered. However some variation is inherent in the print process and it is understood and accepted as reasonable that minor variations are immaterial and that Example Marketing shall have no liability in respect of such variations. For other variations Example Marketing’s entire liability will be to award a Credit. The Customer’s sole remedy in respect of shortages above these quantities (“Additional Shortages”) will be a re-print of the entire shortage quantity of the relevant work, to be undertaken by Example Marketing within a reasonable period of time. The Customer shall not be entitled to a Credit in respect of an Additional Shortage.
Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to Example Marketing and the carrier within three clear days of delivery (or, in the case of non-delivery within 28 days of despatch of the goods) and any claim in respect thereof must be made in writing to Example Marketing and the carrier within seven clear days of delivery (or, in the case of non-delivery, within 42 days of despatch). All other claims must be made in writing to Example Marketing within 28 days of delivery.
Example Marketing shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves that (i) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as reasonably possible.
Example Marketing gives no warranties or guarantees or makes any representations as to the merchantability or fitness for a particular purpose of any completed work the subject of a customer’s order and all other warranties, conditions, guarantees or representations, whether express or implied, oral or in writing, except as expressly stated in these terms and conditions are hereby excluded. Example Marketing shall not be liable for any loss arising from delay in transit not caused by Example Marketing.
Further, Example Marketing shall not be liable for any indirect, special or consequential damages, loss of profits, economic loss, loss of goodwill or loss of anticipated savings or loss of data. The total aggregate liability of Example Marketing in respect of any and all causes of action arising out of or in connection with the customer’s order and Example Marketing’s performance of services pursuant to such order (whether for breach of contract, strict liability, tort (including, without limitation, negligence), misrepresentation or otherwise) shall (subject to the provisions of paragraph 11) be limited to the sums paid to Example Marketing by the customer in respect of the order pursuant to which liability has arisen. Nothing in these terms and conditions shall be construed so as to limit or exclude liability which cannot, pursuant to English Law, be excluded or limited including for death or personal injury or liability in respect of fraud or fraudulent misrepresentation.
We Reserve the right to rectify defective work by reprinting and shall not be liable to refund. Example Marketing and Web Design will credit your account if we deem a refund should be made. If we offer to replace you must accept such an offer unless you can show clear cause for refusing to do so. 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. All 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. Refunds will take 3 to 4 working days to complete once Example Marketing has agreed to refund. This cannot be completed any faster.
CANCELLATION CHARGES: 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. If the order has not yet been paid for then an invoice will be raised for the amount concerned and sent to the responsible party.
15. Customer’s Property
The customer’s property and all property supplied to Example Marketing by or on behalf of the customer shall while it is in the possession of Example Marketing or in transit to or from the customer be deemed to be at customer’s risk unless otherwise agreed and the customer should insure such property accordingly.
16. Materials Supplied by the Customer
Example Marketing may reject any paper, plates or other materials supplied or specified by the customer which it considers to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged except that if the whole or any part of such additional cost could have been avoided but for unreasonable delay by Example Marketing in ascertaining the unsuitability of the materials then that amount shall not be charged to the customer.
Example Marketing shall have no liability in respect of any work being of less than reasonably satisfactory quality as a result of defects in or the unsuitability of materials supplied or specified by the customer.
Example Marketing shall assume that quantities of materials supplied shall be adequate to cover normal spoilage accordingly if the quantities of materials supplied are not sufficient to cover normal spoilage (“an Insufficient Supply”) then Example Marketing shall have no liability for any shortfall in quantity to the extent that such shortfall arises as a result of such Insufficient Supply.
Payment shall be made in full before your order will be processed, unless special settlement terms have been agreed by us in writing.
18. Illegal Matter
Example Marketing shall not be required to print any matter which in its opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights or any third party.
Without prejudice to paragraph 8 above, the customer shall indemnify and hold Example Marketing harmless against all claims, demands, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of the work it is required to produce pursuant to a customer order being or alleged to be defamatory.
19. Full Colour Printing
All reasonable efforts shall be made to obtain the best possible colour reproduction on customer’s work but variation is inherent in the print process and it is understood and accepted as reasonable that, Example Marketing shall not be required to guarantee an exact match in colour or texture between the customer’s photograph, transparency, proof, electronic graphic file, previously printed matter (whether printed by Example Marketing or other party) or any other materials supplied by the customer and the printed article the subject of the customer’s order.
Furthermore the customer acknowledges and accepts that visual representations displayed on computer screens vary significantly and Example Marketing cannot guarantee that the colours of completed work will match those displayed on your computer screen during the ordering process.
20. Data Protection
By placing an order with Example Marketing, the customer consents to its details being used for accounting and marketing purposes. The details will be kept by Example Marketing even after the customer’s trading relationship with Example Marketing has terminated. Example Marketing may use the customer’s personal data to let customers know about goods and services similar to the goods or services provided to the customer previously and any others matters that Example Marketing consider may be of interest to customers. You may opt out at any time by Contacting Us.
21. Force Majeure
Example Marketing shall be under no liability if it shall be unable to perform any obligation which is owed by it to the customer for any reason beyond his control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the customer may by written notice to Example Marketing elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
22. Variation to Terms and Conditions
These terms and conditions may be amended from time to time. The latest version of these terms and conditions may be accessed via the Website.
These terms and conditions and all other express terms of the contract with customers shall be governed and construed in accordance with English law. English Courts shall have jurisdiction in relation to any matters arising in connection with any contract between Example Marketing and the customer into which these terms are incorporated.
24. Voucher Codes
Codes cannot be used conjunction with any other offer. Subject to stock availability. Discount vouchers will expire on the date stated on the offer. E&OE.