Terms & Conditions
WEBSITE USER AGREEMENT AND TERMS AND CONDITIONS
PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF THIS WEBSITE. IT EXEMPTS THE SHOP OWNERS AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY, AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.
Throughout these terms and conditions the term "we" or "Canary Print & Design" refers in all instances to
Canary Print & Design a brand name (UK):
STANDARD TERMS & CONDITION OF SALE OF CANARY PRINT & DESIGN
All business of the above company (known respectively or severally at any time as the "Company") in respect of all sales agreements with purchasers (the "Customer") of Goods belonging to the Company is carried on subject to the following Terms and conditions (the "Terms") except where varied by specific written agreement of the Company. In placing an order with the Company the Customer shall be deemed to have agreed to and accepted these Terms at all times. In these Terms the "Contract" is the Contract for the supply of Goods by the Company to the Customer for money or money’s worth formed by the Company’s acceptance of the Customer’s order on the Company’s Terms.
1. No order will be binding on the Company unless and until accepted by the Company in writing, text or by delivery of any Goods being the subject of the order.
2. All orders are accepted by the Company at its sole discretion and only on the basis that these Terms (or any aforesaid variation) apply to the order and any terms endorsed on or contained or referred to in any Customer’s order or other communications issued to the Company which are inconsistent with these Terms or are not specifically agreed to in writing by the Company shall be deemed to be superseded and nullified by these Terms.
3. The Company reserved the right to amend any error or omission on price lists, quotations, orders and confirmations, invoices or credit notes at any time.
4. While all shipping and delivery dates issued by the Company are given in good faith and all reasonable efforts will be made to adhere to them, the Company accepts no liability for any failure to comply with such dates. Delays caused by force majeure or by reason of any cause beyond the Company’s reasonable control and accordingly time of delivery shall not be subject to any pre-agreed guarantees of delivery.
5. The Company shall be entitled to make partial deliveries and failure to deliver part only of any order shall not entitle the Customer to reject the Goods. Any unexpected short deliveries must be notified to the Company within 3 days.
6. If the Customer fails to take delivery of the Goods on delivery, the Company shall without prejudice to its other rights, be entitled to store the Goods at the Customer’s expense and risk and the Customer shall pay all storage and additional carriage costs incurred.
7. While every effort is made to supply Goods in accordance with samples, designs and or agreed specification the Company reserves the right to modify designs, specifications and materials at any time were such modifications do not materially affect the quality, function or fitness for purpose of the Goods or to comply with any applicable standards or legal requirement.
8. The retail prices quoted in Company’s price lists or other communications shall not limit the Customer’s right to set its own wholesale or retail prices.
9. All prices published or quoted by the Company are exclusive of V.A.T or other state or local taxes and unless otherwise notified in writing to the Customer, all Goods will be invoiced at the price stipulated in the Company’s published price list current at time of acceptance of order in the case of orders for delivery in instalments each instalment shall be invoice at the price stipulated in the Company’s published price list a the date of dispatch of such instalment. We do not guarantee that our website will remain available or that all the material used is kept current including the prices and availability of stock items.
10. Where UK Customer’s single delivery address is in the UK, prices for delivery will vary according to the weight of the order to be dispatched. The price charged will be as indicated on the advised pricelist and website. The Company shall reserve the right to amend these charges without notice.
11. For all orders requiring delivery to an overseas destination, all carriage is extra to the total invoice price of the Goods and chargeable according to Customer’s preferred means of delivery. Overseas customers Must contact Tackle Bags prior to placing an order to find the latest postal charges. Failure to do so may delay the processing of an order.
12. Unless otherwise agreed, for accepted trade Customer accounts the Company shall invoice the Goods on or after dispatch of the Goods and shall also be entitled to invoice each instalment as and when such is dispatched. Payment of all sums due in respect of Goods, in money or money’s worth, shall be made in sterling within 14 days of the date of the relevant invoice. The Company shall be entitled to pursue by all legal means all monies outstanding beyond this date even if property in all or part of the relevant Goods has not passed to the Customer. The company reserves the right to make an additional charge to cover any additional administrative expenses which it may thereby incur. For bespoke team kits a deposit paid in advance of 50% is required.
13. Where payment is not made in full by the due date then without affecting any other right which it may have, the Company may deduct all outstanding amounts from monies due to the Customer on any account whatsoever. The Company will issue a reminder of the amounts outstanding, should no payment be received within 14 days of this reminder then a Credit Management company, appointed by the Company, will be instructed to recover the debt. 13.1. Any invoices that remain unpaid after 14 days are subjected to a Statutory Interest Charge of 8% of the invoice total. Plus, The Bank of England base rate for business to business transactions this is currently at 0.50% of the invoice total and is chargeable daily.
14. All amounts referred to the Credit Management Company will attract an additional charge, payable directly to the Credit Management Company. Represented cheques will incur a £8.50 charge. Additionally, the company reserves the right to apply an administration fee which will be £200 (+VAT) per outstanding invoice plus 5% of the invoice.
15. Unless otherwise agreed, between the Company and the Customer, export trade sales shall be subject to FOB Terms (as defined in the latest published version of Inco Terms at any time) and the Customer shall be responsible to obtain all import licenses, clearances
and consents necessary to ensure that Goods comply with all legal requirements wherever arising.
16. The Customer may not withhold or make any deduction from or set off against any payment due to the Company without prior written agreement of The Company.
17. The Company will at its option replace/refund any Goods that are shown to the Company’s reasonable satisfaction to be defective in materials or workmanship at the time of delivery or to be a shortfall in quantity delivered provided that:
- 17.1 the Customer inspects the Goods on delivery and notifies the Company in writing of any alleged defects, shortage or damage within one week of delivery and if the Customer fails to comply with these provisions, the Goods shall be deemed to be in accordance with the Contract and free from any defect, shortage or damage which would be apparent on a reasonable inspection;
- 17.2 when signing for deliveries the Customer must report any damage or shortage clearly on the delivery note;
- 17.3 Loss or non-delivery must be notified to the Company in writing and to the carrier within 14 days of the dispatch date on the advice note or invoice;
- 17.4 where a defect would not have been apparent on a reasonable inspection of Goods under clause 17.1, the Customer notifies the Company as soon as reasonably possible when the defect becomes apparent or within 90 days of delivery whichever is sooner; and
- 17.5 the Customer provides all information and assistance required by the Company to investigate or determine any suspect defect and, if required, permits the Company to inspect the Goods concerned at its premises.
- 17.6 The Company is not liable for any errors in print or embroidery, whereby there is any ambiguity whatsoever as to what is required. A sample service is offered, should the Customer waive this option, then the risk of error solely lies with the customer unless a sample had been provided and an error is made subsequent to that sample and there have been no interim changes advised by the customer. If the customer supplies artwork or embroidery digitisation files then The Company is not liable for the subsequent quality of the image produced. If the customer supplies their own goods for print or embroidery, then they do so accepting that they are suitable for the embellishment of their choice. Digitised designs and artworks provided by The Company remain the ownership of The Company until a release fee has been paid by the Customer. Digitisation charges paid for by the customer are for design service, and do not give the Customer ownership of the digitised design or artwork created.
18. Clause 17 defines the Company’s full liability in respect of the Goods and Services. All other conditions, Warranties or other undertakings concerned with the Goods or Services whether express or implied by statute, common law, custom, usage or otherwise, are excluded except that nothing in these Terms shall exclude any liability of the Company for death or injury resulting from negligence or for breach of Terms as to the title under Section 12 of the UK Sale of Goods Act 1979. Save where English law prohibits such limitation of liability and without prejudice to
clause 17 the liability of the Company shall not in any circumstances exceed the invoice value of Goods or Service in question. Nothing in these terms and conditions shall make The Company liable to the customer for any Consequential Loss either directly or indirectly for any reason, including any website owned by The Company, or expense liability loss.
19. Without prejudice to the provisions of clauses 17 and 18, the Company shall not be liable for any costs, damages, losses or expense arising out of any tortuous act or omission or any breach of Contract or statutory duty calculated by reference to profits, income, production or accruals or loss of such profits, income, production or accruals.
20. No order may be cancelled and no Goods returned without the written agreement of the Company, the returns procedure in such circumstance being detailed in clauses 32, 33 below. Orders for Goods that have been specifically made to order or have had a logo applied cannot be cancelled after they have been made. If there is an error that the Company has made then, subject to clauses 17 and 18, the goods will be replaced.
21. All Goods supplied or sold to the Customer by the Company shall be at the Customer’s risk as soon as they are delivered to the Customer’s designated premises or destination or the risk will pass onto the Customer immediately upon the goods leaving our premises if we are to deliver the goods to a third party at the Customer’s request.
22. All Goods shall remain the property of the Company until such time as the Customer shall have paid the agreed price for the Goods, together with the full price of any other Goods sold to the Customer, payment for which is outstanding, and until the property in the Goods passes to the Customer, the Customer shall;
- 22.1. hold such Goods as fiduciary for the Company and shall store, mark and maintain them in such a way that they are readily identifiable as the Company’s property and shall not mix them with any other Goods;
- 22.2. store and maintain the Goods safely in good saleable condition and insure them for their full replacement value;
- • 22.3. not pledge or allow any lien, charge or other interest to arise over the Company’s Goods or title document;
- 22.4. agree that the Company shall be entitled to take possession of any Goods and revoke the Customer’s right to sell or use such Goods at any time and the Customer grants to the Company an irrevocable right to enter any premises where the Company’s Goods are stored or thought to be stored at any time for the purpose of inspection or repossession of the Goods.
- 22.5. The Company shall have the right to cancel all or any Contracts with the Customer or withhold delivery of any Goods.
23. The Construction, validity and performance of all Contracts between the Company and any Customer or party at any time shall be governed by English Law and shall be subject to the exclusive jurisdiction of any English Court although this
shall not limit the right of the Company to commence proceedings in any other jurisdiction the Company deems appropriate.
24. The Company shall not be liable in any way for loss, damage or expense arising directly or indirectly from any failure or delay in performing any obligation under any Contract causes by circumstances beyond its reasonable control, which shall without limiting the generality of the foregoing be deemed to include war, any military action or force, terrorism, riot, civil commotion, vandalism, strife, sabotage, or breakdown, accident or damage to machinery, equipment, facility, or fire, flood, state legislative or administrative intervention, acts of god, strike, lock-out or industrial dispute (whether or not affecting employees of the Company or its suppliers) or shortage of materials or inability of the Company to procure or access specific material or supplies. In the event of any such occurrence the Company may at its sole discretion perform, suspend or terminate any Contract provided always that it has duly notified the Customer of such occurrences and that no reasonable alternative remedy is immediately available.
25. The Company will at its sole discretion supply to the Customer such quantities of promotional material as it deems reasonable to promote the Goods at the point of sale and thereafter any further or additional quantities of promotional material requested by the Customer from the Company will be supplied at the Customers expense and billed accordingly by the Company.
26. The Customer shall ensure that in connection with the Goods or their packaging or promotion material the Company’s name, reputation, trademarks, logos or images are not misrepresented or used in any other context other than to identify and promote the Goods and that such name, trademarks, logos or images are not added to, extended, obscured, removed, defaced, altered or otherwise impinged upon in any way.
27. Trade marks, logos or images supplied by the Customer may be used in or in connection with the promotion of the sale of Goods concerned in advertising material, retail outlets, catalogues, internet trading and provided that the Company’s prior written consent to the manner and form in which they are used is obtained. Liability for the use of trademarks, logo's or images solely lies with the Customer supplying them.
28. Copyright – Unless negotiated and agreed in writing, the copyright of general artwork, commissioned artwork and illustrations and anything else whatsoever prepared, developed or created by the company shall vest in and belong to the company.
The company may use any artwork or printing produced by itself for the purposes of promoting itself and/or Graham Murdie. The customer shall be responsible for obtaining all necessary authorities and consents to reproduce pictures, artwork, photographs, copyright text, fonts and/or any other reproducible materials (“Materials”) prior to instructing the company to reproduce the same. The customer shall indemnify and hold Graham Murdie and the company and their 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 Graham Murdie and / or the company infringes the intellectual property or other rights of any third party or misuses the confidential information of a third party.
29. Proofs – Proofs of all work may be submitted for customer’s approval and the company 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 the company 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. The forgoing provisions relating to proofs applies to all types of proof provided to enable the customer to approve the content prior to printing taking place or digital media going live, proofs may take the form of hard copy, digital files or websites and applications viewed on-line.
30. Liability – The company 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. the company shall not be liable for any loss arising from delay in transit not caused by the company. Further, the company 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 including any stored on or accessible through any digital work. The total aggregate liability of the company in respect of any and all causes of action arising out of or in connection with the customer’s order and the company performance of services pursuant to such order (whether for breach of contract, strict liability, tort (including, without limitation, negligence), misrepresentation or otherwise) shall be limited to the sums paid to the company 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.
31. Illegal matter – (a) the company shall not be required to print any matter, nor enable any matter to be accessible on a the company
digital media, which in its opinion is or may be of an illegal, libellous, immoral, blasphemous, morally offensive, politically extreme, obscene or fraudulent nature or an infringement of the intellectual property or other rights of any third party (“Offending Matter”). (b) The customer shall indemnify and hold Graham Murdie and / or the company 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 Offending Matter.
32. Insolvency – If the customer ceases to pay its debts in the ordinary course of business or cannot pay its debts as they become due or being a company is deemed to be unable to pay its debts or has a winding-up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against it, the company without prejudice to other remedies shall (i) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to the company, and (ii) in respect of all unpaid debts due from the customer have a general lien on all goods and property in the companys possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as the company thinks fit and to apply the proceeds towards such debts.
33. Customer’s property – (a) The customer’s property and all property supplied to the company by or on behalf of the customer shall while it is in the possession of the company be deemed to be at customer’s risk. Whilst the company takes all reasonable care of such property in the event of its loss by the company it shall be deemed to have a value of £5 or less.
34.Data Protection – By placing an order with the company, the customer consents to its details being passed on to Graham Murdie for accounting and marketing purposes. The details will be kept by Graham Murdie even after the customer’s trading relationship with the company the company has terminated. Graham Murdie and Canary Print & Design 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 Graham Murdie or the company consider may be of interest to customers.
35. Full colour printing / Embroidery – All reasonable efforts shall be made to obtain the best possible colour reproduction on customer’s work but variation is inherent in the print / embroidery process and it is understood and accepted as reasonable that, the company 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 / Embroidered matter (whether printed by the company or other party) or any other materials supplied by the customer and the printed article the subject of the customer’s order.
36. Company imprint – Unless otherwise specifically requested in writing any work may carry the company imprint which will be positioned at the companies discretion.
37. Any part of these Terms that is void or made unenforceable by English Law shall be deemed severable and shall not affect any other part of these Terms.
38. No waiver or forbearance by the Company whether express or implied in enforcing any of its rights under the Contract shall prejudice its rights to do so at any time in the future.
39. The Company does not operate or enter into sale or return agreements. Any Goods returned without Company authorisation, where no fault is attached to the Company in respect of its obligations carried out, or to be carried out, remain liable to be paid for or the Company compensate for any costs or loss of revenue incurred by it as a result of such returns make.
40. Faulty goods must be returned within 3 days of supply with the fault clearly indicated without defacing the garment/product.
41. The RETURNS PROCEDURE for Goods in connection with clause 21 must be only sent to the respective address as advised by the Company. Returns will only be accepted by prior arrangement. Under no circumstances whatsoever will soiled, worn or washed goods be accepted. These will be returned to you immediately. Underwear is strictly non-returnable. All goods must be returned in their original, undamaged, garment packaging, if so supplied in. Failure to do so will result in the returned goods being refused. Agreed refunds will only be made via BACS payment.
42. Returns, where there is no fault with the goods, and where we have supplied what has been requested, will incur a 15% restocking charge plus any administrative and delivery costs that the Company has or will incur. Non-faulty goods supplied with any printing and/or embroidery, cannot be returned for credit. Goods, paid for by credit or debit card, that are returned but not faulty and a refund against the credit or debit card is required will incur a £20 (+VAT) charge to cover The Company for Chargeback Retrieval Fee as applied by the Card machine providers.
All information including pricing is correct at the time of publishing. The downloaded Terms & Conditions are appropriate to team and bespoke orders NOT retail purchases by credit/debit card.
Items cannot be reserved for customers. All stock is sold on a first come basis, however the company will endeavor to find suitable alternatives to offer to customers.
All items are subject to availability.
The reproduction of products is as accurate as photographic and printing processes permit and the company cannot accept responsibility for variances in colour and style. Every effort will be made to ensure that the reproduction is of the highest quality. However, as the computer screen you use will affect some colours, we cannot guarantee that your monitor will reflect the true colour of the products.
The company reserve the right to alter the specification of products as necessary and offer an equivalent or better product in the event of stock anomalies.
We cannot accept overseas orders placed through our website. Please phone 01670 516826 or email info@Canaryprint.co.uk for details on overseas orders.
The company reserves the right to refuse orders.
If, for any reason you are unhappy with the item(s) you have ordered you have the right to cancel.
(a) If you wish to cancel before the items are despatched you are asked to contact us, by e-mail or phone as soon as is practicably possible.
(b) If your cancellation request is received after the items have been despatched, please return the goods to us indicating whether you require an exchange or refund. Our returns procedure can be found below. (c) On Bespoke items once the customer has approved artwork & design the full cost will become the liability of the customer.