Terms and Conditions of use of Pink Sherbet Designs Limited
DEFINITIONS
Buyer
the person who buys or agrees to buy the goods from the Seller.
Seller
means Pink Sherbet Designs Limited of 38 Hesketh Way, Woodlands Grange, Bromborough, Wirral, CH62 2EL
Conditions
These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.
All orders and payments for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.
These Conditions may not be varied except by the written agreement of the Seller.
These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued.
By purchasing goods from the seller this will be taken as confirmation of your agreement to the sellers full terms and conditions, including the Privacy Policy, as set out below:
Copyright (Intellectual Property Rights)
All designs and stationery are copyright of the seller. The seller reserves all rights. The seller is the owner of all Intellectual Property Rights in the designs and Products and any supporting documentation.
Nothing in these Terms shall be construed to convey or transfer any ownership or proprietary interest in any Intellectual Property Rights in the designs and products, to the buyer or any third party.
Any unauthorised reproduction of designs/products/goods is strictly prohibited. The seller takes unauthorised reproduction of designs/products/goods very seriously. Indefinite legal action will be taken in all such cases.
The seller will own any bespoke design(s) created by the seller for the buyer indefinitely.
Orders
Once we have received payment we are able to begin the personalisation process and can produce personalised email proofs for the buyer's approval. We are unable to begin work on any part of the buyer's stationery order until full payment is received.
Once the buyers has placed their order/purchased goods and have made payment they agree to supply the relevant information for seller to complete their order within 24 hours via contact@pinksherbetdesigns.co.uk
Once the buyer has supplied the details for their order the seller will notify the buyer as to when they will receive their personalized email proofs.
All text and information supplied by the buyer to be used by the seller to personalise goods must be supplied in Microsoft Word, Excel or in Email format (this includes guest names).
If the buyer fails to supply the seller with the information to complete product personalisation, the seller cannot be held liable for resulting delays. The seller expects to receive information from the buyer within 24 hours of receiving the client’s order. If the information is not received within this time frame then the buyer cannot be held liable for not meeting turnaround times agreed upon the buyer placing their order.
As table plans are printed using a different printing process to all other stationery goods there may be a slight colour difference between table plans and matching items from the same range. The seller cannot be held liable for any difference in colour between table plans and other stationery items and such differences will not result in a refund/compensation.
Proofs
Proofs are available to all buyers and allow the buyer to check their personalised goods in full prior to production and delivery.
Please note that colours can be slightly different from screen to print. As every computer screen is collaborated differently how you view the colours of our products and proofs on your screen may be slightly different to the colours, which are printed. We cannot be held responsible for any such differences in colours and such differences will not result in a refund/compensation.
It is the entirely the responsibility of the buyer to check their full order details are correct before their personalised goods are produced and delivered.
The checking of electronic email proofs is entirely the responsibility of the buyer. The seller allows one set of amendments based on the first round of email proofs received by the buyer. Once the seller has made the first set of amendments requested by the buyer, any further amendments based on the second round of email proofs will be charged at £10.00 per set of amendments.
As the seller will not make any changes to the buyer’s proofs upon final approval from the buyer, the seller cannot accept any responsibility for mistakes on the personalised email proofs once the buyer has given final approval (this includes text mistakes made by both the buyer and/or the seller, as by the seller sending the buyer email proofs the seller is offering the buyer an opportunity to check their proofs thoroughly and make any necessary changes before the seller proceeds to the production stage).
The seller must always be notified of any amendments (including design, colours, wording) required by the buyer in Email format. The buyer must list each amendment clearly, each amendment on a separate line.
Once the buyer is happy that their personalised email proofs are exactly as they should be the seller requires written confirmation from the buyer stating that proofs are correct and that they are happy for the seller to proceed to production. The seller will not begin the production of the buyer’s order/goods until the buyer has confirmed that they are happy for the seller to proceed to print based on the final set of proofs. All confirmations/authorisations will be dated and filed.
Once the buyer has approved their email proofs and the goods have been produced any reprints will be charged at the full retail cost of the goods in question.
All text and details on all goods will appear in English unless the buyer states otherwise in writing. The buyer must supply any non-English text and details to be included in Microsoft Word, Excel or in Email format as and when the seller requests it.
The buyer is responsible for gaining permission to use any photographs, hymns, poems or songs they would like to feature on their personalised goods purchased from the seller. In cases where the buyer supplies the seller with photographs, hymns, poems or songs, etc it will be assumed by the seller that receipt of any of these from the buyer is also given with full permission for the seller to use them in reproduction and sale. Therefore, the buyer accepts full responsibility for any illegal reproduction undertaken due to incorrect licensing or breach of copyright laws.
All stationery goods will be printed on the card/paper material the seller feels best suits the design. The buyer does not have the ability to change this card material to suit their requirements.
Table plans are not framed.
Prices
All prices quoted are GBP £ sterling. The prices shown are for each single item, or per quantity as specified
All prices are non-negotiable.
The seller will print no part of any order until full payment is received from the buyer and has cleared into the seller’s account. These are our payment terms and are non-negotiable. This ensures that ownership is passed to the customer once posted. All products remain the property of Pink Sherbet Designs Limited until full payment is received and cleared.
Payment
All orders must be paid for in full before the seller can begin work on any part of the buyer’s order. If the buyer fails to make payment as soon as they place their order, the seller cannot be held liable for resulting delays.
The seller accepts payment by via Internet Banking (BACS), Cash or PayPal only
All items and services remain the property of the seller until the buyer pays them for in full
All deposits are non-refundable as once we have received the buyer's deposit we will immediately order in the materials to create their order, and potentially turn other customers away who would have liked to have booked the time allocated to the buyer for their event.
We recommend the buyer orders exactly what they need in terms of items and quantities as if the buyer requests to reduce quantities after their order has been secured with a 50% deposit, we will not be able to refund the cost of the items the buyer no longer needs. This is because we always order in all materials required to complete the buyer's order as soon as the deposit is paid. We are unable to retrieve the cost of these materials and the time spent obtaining them, which is why we cannot offer the buyer a refund for items no longer required.
The best time to increase quantities if needed is upon approval of the buyer's email proofs, just before we proceed to print stage. The buyer can add totally new items to their order anytime throughout the order process, but no later than 4 weeks before they expect to receive their items from us. If it is later than this the buyer must contact us to see if we can accommodate their needs.
Delivery (Postage and Packing)
The seller always strives to meet all delivery deadlines. However, all agreed delivery dates are approximate and the seller cannot be held responsible or accountable as a result of failure to deliver on any set date or dates. Time of delivery shall not be of the essence of the contract.
The seller accepts no liability for goods lost or damaged in transit. As soon as the seller has dispatched the buyer’s order/goods complete responsibility is handed over from the seller to the buyer. If the buyer’s goods do not arrive as scheduled, do not arrive at all or are damaged - it is the responsibility of the buyer to pursue the matter with the courier. The buyer may request the parcel tracking number from the seller at any time after their goods have been dispatched.
Scheduled delivery dates are given as estimates only. The seller will not be held liable for any losses as a result of failure to meet specified pre-arranged delivery dates.
The seller cannot be held responsible for any damage, which occurs when the buyer posts their stationery items to their guests.
The seller is not liable for any consequential loss.
Return of Goods
Returns ARE NOT accepted as items are completely personalised. We do not offer refunds. Customers must carefully and thoroughly check their personalised email proofs (checking all spellings and dates).
We cannot accept any responsibility for mistakes once you have approved your personalised proofs. This includes mistakes made by both you as the customer and/or us as the supplier, as by us sending you the personalised email proofs we are offering you the opportunity to check your proofs thoroughly and make one free set of amendments before we proceed to create your table plan.
The buyer, will inspect the goods as soon after delivery as is reasonably practicable and will notify the seller of any shortages, defects in the goods or any other complaint in respect of them within 48 hours of receiving the goods.
The Buyer shall be deemed to have accepted the Goods 48 hours after delivery to the Buyer.
Any errors that occur at the fault of the seller will be rectified at a cost to the seller and as fast as possible. Please contact us within 48 hours of receipt of goods, in order that action can be taken. If the buyer claims that the seller is at fault for any mistakes in their order then proof of the seller’s fault will be required from the buyer. If the buyer cannot provide proof of the seller’s mistake, then the seller is in no way liable for the mistake in question.
If upon delivery the buyer encounter’s a problem with their goods the seller will ask that any stationery in question be returned to us accompanied by a letter detailing any faults or damage (postage will be reimbursed to the customer once it has been established that the fault lies with the seller). Stationery will be replaced or rectified as required based on an individual case basis and all settlements will only be made with replacement stationery.
SAVE IN RESPECT OF ANY SHORTGAGES OR DEFECTS IF YOU, THE BUYER, FAIL TO COMPLY WITH THIS CLAUSE WE WILL NOT BE HELD LEGALLY LIABLE IN RESPECT OF ANY OTHER COMPLAINT WHICH SHOULD HAVE BEEN BROUGHT TO OUR ATTENTION WITHIN THIS PERIOD.
Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods, which are not in accordance with the contract.
The Buyer’s Warranty
The buyer warrants that all details they provide for the purpose of purchasing the goods are correct, that the credit or debit card the buyer is using is their own and that there are sufficient funds and/or sufficient unused limit available to cover the cost of the goods.
Limitation of Liability
The seller uses all reasonable endeavours to carry out their obligations within a reasonable period of time but will not be liable to the buyer for any loss, costs or expenses arising directly or indirectly from any delays in doing so and the seller will not be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of our obligations in relation to this Agreement, if the delay or failure was due to any cause beyond the seller’s reasonable control. Without prejudice to the generality of the foregoing, the following will be regarded as causes beyond our reasonable control:
Act of God, explosion, flood, tempest, fire or accident; War or threat of war, sabotage, civil disturbance or requisition; Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; Import or export regulations or embargoes; Strikes, lock outs or other industrial actions or trade disputes; Difficulties in obtaining raw materials, labour, fuel, parts or machinery; Power failure or breakdown in machinery.
If the seller is prevented from carrying out their obligations in the above circumstances, the seller will notify the buyer in writing. If the seller is still prevented from carrying out our obligations 3 weeks from the date such notice was sent, then either party may give written notice to the other cancelling the Agreement. If the Agreement is cancelled in this way the seller accepts no liability to compensate the buyer for any loss or damage caused by failure to perform.
Except where the buyer, is dealing as consumer (as defined in the Unfair Contract Terms Act 1977 section 12) the seller does not give any warranty, guarantee or indemnity as to quality, fitness for purpose or otherwise of the goods.
Except in respect of death or personal injury caused by our negligence, the seller will not be liable to you, the buyer, for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims, which arise out of or in connection with the supply of goods other than as a result of a breach of an obligation arising under the Sale of Goods Act 1979 (as amended) and the Supply of Goods and Services Act 1973.
General
The seller will attempt to ensure that the information available to the buyer at any time is accurate. However, the seller will not be held liable for any errors or omissions. The seller will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these.
All drawings, images, descriptive matter and specifications of the goods are for the sole purpose of giving an approximate description of the goods are intended for general guidance only and shall not be binding on the seller.
The seller reserves the right to increase or decrease prices at any time. Any price increase or decrease will not affect any confirmed orders.
The seller reserves the right to use photographs and physical copies of the buyer’s personalised stationery items for any marketing or advertising purposes at any time (including the website, blog, newsletter, social media websites and shop displays, wedding fairs/show/exhibitions).
The seller may from time to time change, alter, adapt, add or remove portions of the terms and conditions, however if this happens the seller will post any such changes on this page.
If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question will not be affected.
English law will apply to this Agreement, and the parties agree to submit to the non-exclusive jurisdiction of the English courts.
The headings in this Agreement are for convenience only and will not affect their interpretation.