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Terms and Conditions

Online Terms and Conditions of Sale – Designease Limited

These Online Terms and Conditions of Sale apply to allpurchases from our website: www.foldersandringbinders.co.uk or www.designease.co.uk

Please read them carefully before placing an order.

1. DEFINITIONS AND INTERPRETATION

1.1 In these Conditions:

Contract

means any contract for the sale of goods and/or the supply of services between us and you into which these Conditions are incorporated;

Conditions

means the standard terms and conditions of sale set out herein, including any special terms and conditions agreed in writing by us and attached hereto;

Goods

means the goods and/or services which we shall supply in accordance with these Conditions, in accordance with your order placed on the Website;

We

Website

means DESIGNEASE LIMITED (Company registration number 2834888) of Designease Limited, Unit 7, Stonehouse Commercial Centre, Bristol Road, Stonehouse, Gloucestershire, GL103RD and “us” and “our” shall be construed accordingly; means the website domain name www.designease.co.uk and www.foldersandringbinders.co.uk

you

means the customer who orders the Goods from the Website and “your” shall be construed accordingly.

1.2 The headings in these Conditions are for convenience only and shall not affect their interpretation.

1.3 All rights expressly reserved by or granted to us by these Conditions shall be without prejudice to any other rights which we may have from time to time.

1.4 Unless expressly stated otherwise, where rights and decisions are to be exercised or made at our discretion, then we shall be under no duty or obligation to you to justify or provide a reason for the decision.

1.5 Unless expressly stated otherwise, where our prior written consent is required in these Conditions, then we shall be under no obligation not to unreasonably withhold or delay in giving that consent.

2. BASIS OF SALE

2.1 These Conditions shall apply to all Contracts for the sale of Goods by us to you by telephone or through our website to the exclusion of all other terms and conditions including any terms or conditions which you may purport to apply under any purchase order, and no variation of these Conditions shall be binding unless agreed in writing by us and attached hereto. These Conditions set out the entire agreement to the exclusion of all other terms and conditions.

2.2 Our employees are not authorised to make any representations concerning the Goods unless confirmed by us in writing. In entering into a Contract you acknowledge that you do not rely on any such representations which are not so confirmed.

2.3 Where the Goods are to be delivered by instalments, each instalment shall constitute a separate Contract. Failure by us to deliver any instalment shall not entitle you to treat the Contract as not performed by us.

2.4 All specifications, cutter guides, templates and pictures/images representations on the Website in respect of the Goods are for guidance purposes only. Colours and measurements may vary slightly from that shown in pictures, specifications, cutter guides and templates. Any particulars of prices, weights and dimensions issued by us are approximate only and are not intended to form the basis of any Contract.

3. ORDERS AND SPECIFICATIONS

3.1 No order submitted by you shall be deemed to have been accepted by us unless and until confirmed by us. All orders are subject to availability and Goods cannot be reserved. We reserve the right to refuse to accept any order placed by you.

3.2 You shall be responsible for ensuring the accuracy of the terms of any order submitted by you (including but not limited to size, colour and quantity) and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with these Conditions.

3.3 If the Goods are to be manufactured or any process is to be applied to the Goods by us in accordance with a specification submitted by you, we shall be able to recover from you all loss, damages, costs and expenses awarded against or incurred by us in connection with or paid or agreed to be paid by us in settlement of any claim for infringement of any patent, copyright, design right, trade mark or other intellectual property rights of any other person which results from our use of your specification. We reserve the right to make changes in the specification of the Goods which are required to conform with any applicable statutory or EU requirements.

4. PRICE OF THE GOODS

4.1 The price of the Goods shall be our quoted price. All prices and price information was correct at the time of publishing, and are subject to change without notice. The quoted prices are for online purchases only.

4.2 We reserve the right, by giving notice to you at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to us, either in line with inflation or for reasons due to any factor beyond our reasonable control, any change in delivery dates, quantities or specifications for the Goods which are requested by you, or any delay caused by your instructions or your failure to give us adequate information or instructions. You will be asked to re-confirm your order at the new price.

4.3 Except as otherwise agreed in writing by us, all prices are given by us are exclusive of delivery outside UK Mainland, and where we agree to deliver the Goods otherwise than at our premises, you will be liable to pay our charges for transport, posting, packaging and insurance.

4.4 The price is exclusive of any applicable value added tax which you shall automatically be liable to pay us. Designease reserves the right to charge the amount of any value added tax payable, whether or not included within the costs on the website, estimate or invoice

4.5 We reserve the right to alter the specification of products as necessary and offer an equivalent or better product in the event of stock anomalies.

4.6 Colours- Whilst every effort has been made to represent the true likeness of a products colour, variations may occur in printing processes or computer monitors. We therefore can not quarantee that colours will appear exactly as seen on your computer monitor or in our brochure. 

5. TERMS OF PAYMENT

5.1 In respect of all orders made on the Website, payment shall be made automatically through sagepay by card transaction.

5.2 For orders placed over the telephone we will also require immediate payment via a card transaction.

5.3 Notwithstanding clause 5.3, any outstanding amounts due for the Goods shall be raised by way of invoice and submitted to you at the end of each month.

5.4 We request that our invoices be paid within 30 days of the date of the invoice and where any payment remains outstanding by the due date we reserve the right to charge you interest (as well after as before any judgment) on the amount unpaid, at the rate of 3% per annum above Barclays Bank plc base rate from time to time, accruing pro rata on a daily basis until payment is made in full,.

5.5 You are not entitled to any right of set off or permitted to withhold payment for any invoice issued. In the event you dispute any invoice, you must notify us within 7 working days of received the invoice and provide us with appropriate details and reasons for the dispute. We will endeavour to resolve such dispute within [30] days from the date you notify us.

5.6 Each invoice is separate and constitutes a separate contract between us. Where you fail to pay an invoice in accordance with our terms we reserve the right to refuse any further orders you place. Further, where more then one invoice is outstanding we will be entitled, in our discretion, to recover the full amount of all invoices which are outstanding at any one time.

6. DELIVERY

6.1 You shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery.

6.2 Any dates quoted for delivery of the Goods are approximate only and we shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be a term of the Contract unless previously agreed in writing by us. We reserve the right to deliver the goods before the quoted delivery date.

6.3 If we fail to deliver the Goods (or any instalment) for any reason other than any cause beyond our reasonable control or your fault, and we are accordingly liable to you, our liability shall be limited to the excess (if any) of the cost to you (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.

6.4 If you fail to take delivery of the Goods or fail to give us adequate delivery instructions at the time stated for delivery then we reserve the right to:

6.4.1 store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of storage; or

6.4.2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) and where payment has been received by us in advance, account to you for the excess over the price under the Contract or charge you for any shortfall below the price under the Contract.

7. RISK AND PROPERTY

7.1 Risk of damage to or loss of the Goods shall pass to you in the case of Goods to be delivered otherwise than at our premises, at the time of delivery or, if you fail to take delivery of the Goods, the time when we have tendered delivery of the Goods.

7.2 Notwithstanding delivery and the passing of risk in the Goods (from us to you) or any other provision of these Conditions, the legal and equitable legal title and ownership in the Goods shall not pass to you until we have received in cleared funds payment in full of the price of the Goods.

7.3 Until such time as the legal title and ownership in the Goods passes to you (and provided the Goods are still in existence and have not been resold) we shall be entitled at any time to require you to deliver up the Goods to us and, if you fail to do so forthwith, to enter upon any premises where the Goods are stored and repossess the Goods.

8. WARRANTIES AND LIABILITY

8.1 Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by the applicable law. Where the Goods are sold to a person dealing as a consumer, we warrant that the Goods are of satisfactory quality and fit for their normally intended purpose.

8.2 Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976, as amended) these Conditions do not affect your rights under law. Further information on your legal rights can be obtained from Trading Standards or Citizens Advice Bureau.

8.3 Except in respect of death or personal injury caused by our negligence, we shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by our negligence or our employees, agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by you, and our entire liability under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.

9. YOUR INSOLVENCY

9.1 If you make any voluntary arrangement, become bankrupt, insolvent or commit any other act of bankruptcy, we reserve the right to cancel the Contract or suspend any further deliveries under the Contract without any liability to you, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

10. GENERAL

10.1 We will not be liable to you or be deemed to be in breach of contract by reason of delay or failure to perform any of the Company’s obligations if the delay or failure is due to act or cause beyond our reasonable control.

10.2 These Conditions do not purport to confer a benefit on any third party.

10.3 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other’s principal place of business.

10.4 No waiver by us of any breach of the contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.

10.5 If any provision of these Conditions are held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remainder shall not be affected.

10.6 The Contract and these Conditions shall be governed by the laws of England, and you agree to submit to the exclusive jurisdiction of the English courts.

10.7 We reserve the right to monitor and record telephone calls our staff receive and make in order to monitor staff performance and ensure the highest service possible to our customers.

11. RETURNS POLICY 

11.1 Please refer to our Returns policy for details. 

12. GOODS DESIGNED USING OUR CUTTER GUIDES AND ARTWORK UPLOADED

12.1  The Seller is under no obligation to accept an order for Goods which have been designed using our cutter guides and reserves the right to refuse any order.  The Seller is not required to give reasons for its refusal.

12.2  By accepting an order for Goods which are Personalised or otherwise made to the Buyer’s specification the Seller in no way approves or endorses the design.

12.3   By placing an order for Plain or Personalised Goods the Buyer accepts that the colour of the materials chosen or printed graphics supplied may differ from the colour reproduced on the Buyer’s computer screen or as printed out by the Buyer.  If the Buyer has any queries in relation to colour then before placing the order the Buyer should contact the Seller by email at julian@designease.co.uk or by telephone 01453 821990 and request a colour swatch of the material. A sample of the Goods may also be ordered by the Buyer at a price which will be specified by the Seller at the relevant time.      

12.4 The Buyer warrants that it shall comply with the Seller’s Terms of Use shown on the privacy policy page.

12.5   The Buyer acknowledges and accepts that if it begins the order process but does not complete the order at that time and then later wishes to place an order for such Goods, the Price may have varied from that initially shown.  The Price will be the price shown at the time the Buyer places the order.

12.6   Subject to Clause 4.1 any Goods designed by the Buyer will be produced by the Seller in accordance with the Buyer’s design.  The Buyer is responsible for reviewing the design before placing any order, including but not limited to verifying the accuracy of all text, images, photographs, layouts, ring configuration and pocket size and location.

13. DISCLAIMERS AND LIMITATION OF LIABILITY

13.1 The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and to the extent permitted by law without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

13.2 To the extent permitted by law we will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.

13.3 We make no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

13.4 Nothing in these Terms of conditions shall be construed so as to exclude or limit our liability for death or personal injury as a result of the negligence of ourselves or  our employees or agents.

14. INDEMNITY

You agree to indemnify and hold Designease Limited and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Designease Limited arising out of any breach by you of these Terms of Use or other liabilities arising out of your use of this Website.

15. SEVERANCE

If any of these Terms of Use should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term shall be severed and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable.

16. GOVERNING LAW

These Terms of Use shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.

Other enquiries:

For more information please contact us.