Terms & Conditions
Thanks for putting through an
order with us. Before we process it we need you to agree to our terms
and conditions - which are designed to provide us both with a sensible
level of protection.
You
means the company,
individual or organisation identified in the ordering process. We will
send any communications to you using the details you enter in your
Order or those with which you have separately provided us.
We/Us
means Telperion Ltd, Wheelwrights, Croscombe, Wells, Somerset BA5 3QQ,
a company registered in England and Wales Company No. 05642386. All
written communications to Us should be sent to us at that address or by
email to hello@telperionofwells.co.uk
Our Products
means the stationery or other goods specified by You in your Order.
Order
means the contract with Us created by You.
- When you confirm your Order
it will immediately create a legally binding contract between us at the
agreed Price. As our goods are custom-made you do not have the right to
cancel.
- If ordering on behalf of a
company or organisation you warrant that you have the authority within
your company or organisation to make a legally binding contract with
us. In the event that you do not have such authority you will be liable
as an individual under this contract.
- These conditions apply to
the exclusion of all other terms and conditions unless expressly agreed
in writing and signed for Us by a Director. You acknowledge that You
have not relied on any statement, promise or representation made or
given by or on behalf of Us which is not set out in these Terms
& Conditions.
- Unless negotiated separately
and agreed in writing the copyright of general Artwork, commissioned
artwork and illustrations belongs to Us. You are responsible for
obtaining all necessary authority to reproduce artwork, photographs etc
and indemnify Us from any claim arising from the failure to hold proper
consents.
- The quantity and description
of Our Product shall be as set out as agreed . You are responsible for
checking and proof-reading the design and content of your order through
our ordering process. An exact colour match with the on screen
representation of colour cannot be guaranteed, since it is affected by
factors as variable as the stock you choose and the settings on your
computer screen. However we will ensure (where Pantone colours are
specified) an acceptable level of fidelity to the swatch. A digital
colour proof is a guide to the finished print but is not an exact match.
- We aim to dispatch your
order within 48 hours to the address you specify in the ordering
process. You may terminate or rescind the Order if a delay exceeds 7
days.
- We cannot be liable for any
non-delivery of Our Products unless You give written notice to Us of
the non-delivery within 7 days of the date when the Products would in
the ordinary course of events have been received. Our liability for
non-delivery shall be limited to replacing the Products within a
reasonable time or issuing a credit note.
- We may deliver the Products
by separate instalments. Each separate instalment shall be invoiced and
paid for in accordance with these Terms & Conditions. Each
instalment shall be a separate contract and no breach, cancellation or
termination relating to any one instalment shall entitle the You to
repudiate or cancel any other contract or instalment.
- The quantity of any
consignment of Our Product as recorded by Us on despatch from Our place
of business shall be conclusive evidence of the quantity received by
You on delivery unless You can provide conclusive evidence proving the
contrary.
- The Products are at Your
risk from the time of delivery. Ownership of the Products shall not
pass to You until We have received full payment for the Products. Your
right to possession of the Products shall terminate immediately, or Our
obligation to supply them shall at our election cease if You become
insolvent or we have reasonable grounds for believing that you have.
You grant Us an irrevocable licence at any time to enter any premises
where the Products are or may be stored to recover them after your
right to possession has terminated.
- Payment is due 15 days from
the date of our invoice, which will normally be sent on dispatch. As a
small company the honouring of this timescale is of the first
importance. You agree here to make all payments due under the Order in
full and without any deduction. We reserve the right to claim interest
and charges under the Late Payment of Commercial Debts (Interest) Act
1998.
- We warrant that unless
otherwise excluded Our Products shall on delivery be of satisfactory
quality, and fit for purpose. If any of Our Products do not conform
with any of these warranties We shall at Our option replace such
Products or refund the price of such Products.
- Our financial liability to
You for any breach of these conditions, and any representation,
statement or tortious act or omission including negligence shall be
limited to the price of Your Order. All other warranties, conditions
and other terms implied by statute or common law (save for the
conditions implied by section 12 of the Sale of Products Act 1979) are
excluded to the fullest extent permitted by law. Nothing in these
conditions excludes or limits
Our liability for death or personal injury caused by Our negligence,
any liability under section 2(3), Consumer Protection Act 1987, any
liability for fraud or fraudulent misrepresentation, or for any matter
liability for which it would be illegal for Us to exclude or attempt to
exclude.
- We shall not be liable to
You for loss of profit, loss of business, or depletion of goodwill
whether direct, indirect or consequential, or any claims for
consequential compensation.
- We reserve the right to
defer the date of delivery or to cancel the Order or reduce the volume
of the Products ordered by You without liability if We are prevented
from or delayed in the carrying on of its business due to any
circumstances beyond
Our reasonable control. These include, inter alia, natural disaster,
failure of power supply, inability to secure specified materials.
- Neither We nor You intend
that any term of the Order shall be enforceable by virtue of the
Contracts (Rights of Third Parties) Act 1999 by any person that is not
a party to it.
- English law shall govern
this Order and the parties submit to the exclusive jurisdiction of the
English courts.