- 'Smile Colour Printing' is the trading name of Smile Colour Printing.
Goods means the articles or things described in the contract between Smile Colour Printing and the purchaser. - These conditions shall be deemed to be incorporated in all contracts of Smile Colour Printing to sell goods and in the case of any inconsistency with any order or form of contract sent by the purchaser to Smile Colour Printing 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 Smile Colour Printing.
- Notwithstanding that Smile Colour Printing may have given a detailed quotation no order shall be binding on Smile Colour Printing unless and until it has been accepted in writing by Smile Colour Printing.
- Any times or dates given for completion or delivery of goods shall be binding on Smile Colour Printing, insofar as Smile Colour Printing undertake to carry out additional work for the purchaser to the value of the print element of any goods not supplied on time. Such liability shall not extend to delays beyond the control of Smile Colour Printing including, without prejudice to the generality of the foregoing defects in files or omissions of information delays in approval of proofs and non-performance of carriers.
- By their nature goods do not have a redeemable value and no refunds or credits for goods correctly supplied will be entertained.
- Design Service - 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.
- Payment of goods
- All goods shall be paid for at the time of order.
- No goods shall be dispatched or collection allowed until paid for in full.
- All prices are inclusive of Value Added Tax (where Value Added Tax is applicable) and is charged at the appropriate rate.
- Quality & Liability
- Any shortcomings or defects in goods supplied must be notified to Smile Colour Printing within 3 days of delivery. Such goods must be returned to Smile Colour Printing for inspection.
- Nothing herein shall impose any liability upon Smile Colour Printing 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.
- Nothing herein shall have the effect of excluding or restricting the liability of Smile Colour Printing:
- death or personal injury resulting from its negligence insofar as the same is prohibited by U.K. statute, or;
- 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).
- Print ready artwork is to be supplied, designed in accordance with the print templates and checklist. These are available to view on our site under "print checklist & templates"
- Variations In Quantity
- We will endeavor to deliver the correct quantity ordered. However some variation is inherent in the print manufacturing process and it is understood and accepted as reasonable that minor variations are immaterial and Sense Creative shall have no liability in respect of such variations. No credit will be awarded on quantities plus or minus 10% of the print quantity ordered.
- Cancellation of Orders
- We reserve the right to pass on the 3.5% charge by our payment gateway to the customer.
- We reserve the right to consider any manufacturing costs or refuse a refund if production has began on an order.
- Delivery of Goods
- Customers should enter the correct delivery address in the delivery address fields at the time of placing the order
- If goods are returned to us as a result a delivery failure we reserve the right to charge the customer for a further delivery
- Goods can only be delivered to one address per order
- Artwork Supplied for Print
- By supplying artwork for print customers accept responsibility for ensuring artwork is print ready and confirms that they have followed the information in our artwork checklist and template pages which can be found here. If artwork cannot be provided in a print ready format or a customer would like the print to be checked before printing, then we recommend customers to add our design service which can be purchased at the time of ordering.
- In situations were we offer a reprint of an order because of an error on our part, we will only print using the original artwork supplied for the order.
- It is the customers responsibility to ensure that they own the copyright, license or have been given permission to use any images contained within the artwork.
- Smile Colour Printing 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.
- The liability of Smile Colour Printing 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.
- If the purchaser shall be in breach of any of their obligations under the contract Smile Colour Printing may (without prejudice to Smile Colour Printing'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.
- 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 Smile Colour Printing shall be construed to enlarge, vary or override in any way these conditions.
- Any concessions made or latitude allowed by Smile Colour Printing to the purchaser shall not affect the strict rights of Smile Colour Printing 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.
- Smile Colour Printing reserves the right to refuse any order (whether received on email/ via website, discussed via telephone or otherwise received in any form), which is immediately or subsequently deemed to be; promoting or supporting any illegal activity; supporting or promoting pornographic images; supporting or promoting any message which may be deemed as offensive or which is at odds to our christian faith.
- 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 Smile Colour Printing agree to submit to nonexclusive jurisdiction of the English courts.
- Smile Colour Printing 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.
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