Terms & Conditions Bauernhaus Creative and The Print Lady
These Terms and Conditions comprise the entire agreement between the Client and Bauernhaus Creative and The Print Lady and supersede all prior agreements between the parties.
Definitions:
“The Company’’ means Bauernhaus Creative and The Print Lady.
“The Goods” means any Goods (printed, non-printed and consumables) and/or Services provided under the estimate and covered by these Terms and Conditions.
“Supply” means the sale of the Goods or Services.
“The Client” shall mean the person, partnership, company or party with whom any Contract to supply the Goods or Services is made by the Company.
“Contract” means any agreement for the sale of Goods or Services by the Company to the Client.
If you have any questions or concerns regarding these Terms and Conditions, please let us know by emailing us at ainslie@printlady.co.uk before you accept any estimate.
1. The Contract
1.1. The agreement is made between The Company and the Client.
1.2. The Company will not enter into any dialogue, accept any requests or communicate in any way with anyone other than the Client except where the Client has provided written permission that allows them to do so.
1.3. The estimate should be checked carefully by the Client and agree that acceptance of the estimate, electronically or by any other means signifies a full agreement and commitment to these Terms and Conditions. The Company cannot accept any retrospective queries relating to the content or scope of the estimate.
1.4. The estimate provided by the Company for the Client represents the requests of the Client and the Company will not be held liable for any task that is not included in the written estimate.
1.5. Acceptance of the estimate is deemed full agreement to these Terms and Conditions and will be subject to the relevant cancellation clause stated in section 9.
1.6. The Client accepts that any additions, alternations or amendments to the original brief may be subject to costs over and above the original estimate. These will be agreed between the Company and the Client in advance of the implementation of any changes. No additional work will be undertaken without agreement between both parties confirming the extra charges.
1.7. Any additional tasks required as a result of oversights made by the Company will be covered by the original estimate and no extra charges will be made to the Client.
1.8. Any additional tasks that arise as a result of changes or oversights by the Client may be subject to additional costs.
1.9. By requesting and agreeing to the Supply of Goods, the requester represents and warrants that they have the right, authority, and capacity to enter into this agreement as the Client or a representative of the Client, and to abide by all the terms and conditions of these Terms of Service.
2. Orders
2.1. All print lead times are from approval of electronic proofs provided and the Company accepts no liability for delays to print caused by late or slow approval of proofs by the Client.
2.2. Any order placed by the Client will be acknowledged by the Company by email at which time an estimated delivery time will be provided (please see section 4 below).
2.3. The Client must ensure that the details in the order acknowledgement are correct and notify the Company immediately of any errors or discrepancies. The Company accepts no liability for faults in the end product arising as result of the Client not checking the order acknowledgement fully.
2.4. The Client accepts that orders for urgent deliveries will only be accommodated where possible and that additional charges may be applied for this service. The Company accepts no liability for any losses or damages incurred by the Client as a result of the Company being unable to supply the Goods in a restricted timescale caused by the late submission of any order by the Client.
2.5. The Company will make every endeavour to deliver the correct quantity ordered, but it is hereby agreed that the Supply will be conditional upon five per cent margins being allowed for overs or shortage (eight per cent for quantities exceeding 50,000) the same to be charged or deducted. The Client accepts that the Company is not liable for claims for quantity variations that fall within the ranges stated in this clause.
3. Prices and payments
3.1. The Company shall be entitled to adjust its prices for any increase in the price of materials, parts, delivery costs, labour costs or for costs of any other kind arising for any reason beyond the Company’s control after the date of the Contract. Any changes will be discussed with the Client and agreed before any work progresses.
3.2. First time Clients will be expected to make payment in full prior to the commencement of any work. After the first order, credit accounts may be offered at the Company’s sole discretion and will be subject to the relevant credit checks. Additionally, the Company reserves the right to charge for some materials up front. This will be at the Company’s discretion and the Company accepts no liability for delays in the supply of the Goods caused by the late payment of an invoice raised for this purpose.
3.3. The Company reserves the right to charge a deposit for any task that it deems appropriate. If a deposit is requested, no work on the project will be undertaken until the deposit is paid. The Company accepts no liability for any issues, losses or delays caused by the late payment of a required deposit.
3.4. Large, urgent or labour intensive (hand finishing for example) orders may be invoiced in stages and these invoices will be due for payment on the due date, regardless of whether the full order has been completed. The Company is not liable for any damage or loss caused by late supply of the Goods following late payment of an expected instalment by the Client. The Client takes full responsibility for ensuring that payments are made in a timely manner and in accordance with the details provided in the quotation.
3.5. Invoices will be raised on completion of an order, for an upfront fee, deposit or for instalment payments and are due for payment strictly 30 days from the date of issue. Payments must be made via BACS or bank transfer to: National Westminster Bank PLC, Account number 53554744, sort code 53-50-36.
3.6. All prices are exclusive of VAT and, if chargeable, this will be applied at the appropriate rate ruling at the date of delivery of the Goods, or the raising of the invoice if delivery is deferred.
3.7. If the Client does not pay any amount due to the Company in accordance with these Terms, the Company may:
a. suspend the work being done until such time as the missed payment is made, or cancel the agreement completely,
b. reserve the right to pass the matter to a third party for collection with the Client accepting full liability for any costs incurred as a result of this action,
c. reserve the right to charge the Client interest on the overdue amount at the rate of 8% per year above the Bank of England base rate (interest will accrue daily until the date of actual payment); or
d. claim interest and statutory compensation from the Client pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 or, interest under the County Courts Act 1984
4. Delivery
4.1. All deliveries are ex-works unless specifically agreed otherwise.
4.2. All times or dates given for completion of the Goods are given in good faith but are approximate and the Company accepts no liability for delay in completion caused by any circumstances beyond the control of the Company.
4.3. Work will commence on all orders as quickly as possible and no later than seven days after receipt of written confirmation from the Client, unless a delay is caused by circumstances beyond the Company’s control, in which case, no liability for delay will be accepted. The Company agrees to advise the Client of any potential delays at the earliest opportunity.
4.4. Where the Goods are handed to a carrier arranged by the Client, the carrier shall be deemed to be the Agent of the Client and not of the Company and therefore the Company accepts no liability for any damage incurred during transit.
4.5. Delivery by the Company or the Company’s representative may be offered on certain items and charges may apply for this service. The Company will provide a cost based on the delivery requirements of the Client and this cost will be added to the invoice or may be charged in advance at the Company’s discretion.
4.6. The Client must inspect the Goods supplied immediately upon receipt and must advise the Company in writing of any shortages, non-delivery, partial loss, poor quality of print or damage within fourteen days of notification of delivery. Claims for any shortages, non-delivery, partial loss, poor quality of print or damages after fourteen days will not be accepted. If the Client fails to give the appropriate notice in accordance with this clause, the claim will be deemed null and void and Client agrees to pay for all accounts due under the agreement.
4.7. The Company must be given the opportunity to inspect any stock that is subject to complaint before any redress can be considered. The Company may arrange to visit the Client’s premises to inspect the Goods or may request that a sample is returned for assessment. Should the Client dispose of any Goods before the Company has been given the opportunity to inspect said Goods, any claim for loss, damage or inconvenience will be null and void. The Company may, at its discretion, accept photographic evidence of fault but this must be at the mutual agreement of both parties.
4.8. Goods not collected within six months will be disposed of and the Client agrees to pay all invoiced costs, both for the Goods and any storage.
4.9. Quality control spot checks are undertaken on all orders by the Company before delivery but responsibility rests solely with the Client to ensure that the Goods are fully inspected on delivery in accordance with clause 4.6 and 4.10.
4.10. Where the Client has requested that the Company stores the Goods on its behalf, the Client accepts that the responsibility for checking the quality of the Goods within the fourteen day query period still rests with the Client and that the Company accepts no liability for any faults noticed by the Client after this time.
4.11. Storage is offered at the Company’s discretion and charges may apply for this service. The Client agrees to pay all storage costs charged by the Company.
4.12. Delivery notes may be provided where delivery into logistics warehouses is required.
5. Passing of title and risk
5.1. The Company retains Title in the Goods until the amount due under the contract for them has been paid in full although the risk in the Goods passes to the Client upon delivery.
5.2. Until title passes the Client agrees to:
i. Hold the Goods for and on behalf of the Company.
ii. Store the Goods separately from any other Goods so that they are identifiable as Property of the Company.
iii. Take good care of the Goods and agree to fully insure the same for loss, damage or destruction and the benefit of any insurance claim in respect of the Goods is held in trust on behalf of the Company.
5.3. Invoices are due for payment on the due date regardless of whether delivery or collection has occurred unless expressly agreed in writing by the Company.
5.4. In the event of the Client selling the Goods, the entire proceeds of sale of the Goods shall be held in trust in a separate designated account and shall at all times be identifiable as the Company’s money.
5.5. Should the Client default on any payment, or undergoes an administration or liquidation process, then the Company may enter the premises of or occupied by the Client for the purposes of repossessing the Goods and the Client hereby grants to the Company a License for that purpose. In this instance, the Client agrees that the Company may approach the Client’s Client and offer the Goods directly to them.
6. Conditions, warranties and exclusions
6.1. The Company accepts no liability for any defect in the Goods arising out of acts of omission negligence or default of the Client, including but not exclusively, failure by Client to adequately correct proofs submitted by the Company or where imperfect work is caused by defects in or unsuitability of materials supplied or specified by the Client.
6.2. If the Client waives the requirement for proofs to be checked and approved, then the Company accepts no liability for any faults or omissions highlighted thereafter.
6.3. Any text, illustrations or other matter must be supplied to the Company in the requested digitised form. The Company will accept no liability for any issues, delays or complaints arising from the provision of the data in an unsuitable format. The Client also agrees to accept and pay for any additional charges that arise as a result of the need for the Company to amend or adjust the data to the required format and agrees that any delays caused by such are the responsibility of the Client. In this case, the Company will take every care to secure the best results but will not be responsible for any imperfect work caused by the unsuitability of such data nor any delay in delivery caused by the additional work.
6.4. Any text supplied by the Client must be checked and approved by the Client before it is supplied to the Company. Similarly, all proof documents supplied by the Company must be checked and approved by the Client before submission to print. Whilst the Company will endeavour to highlight any obvious mistakes in any text supplied, it accepts no liability for any incorrect information, and therefore imperfect printed matter, supplied by the Client prior to, or post, printing.
6.5. The Company is not responsible for writing or inputting any text copy unless this has been specified by the Client. The Client accepts that it is liable for checking and approving all text and copy created by the Company and that no liability rests with the Company for any errors or omissions not noticed and notified to the Company by the Client during the proofing process.
6.6. Whilst the Company will endeavour to minimise any colour variations between the original digital format and the printed material provided, the Client accepts that some variation cannot be avoided and agrees that the Company cannot be held liable for such variations.
6.7. The Company will not print any matter which, in the Company’s opinion is or may be, of an illegal or libellous nature or an infringement of the proprietary or other rights of any third party, or if in the Company’s opinion the artwork contains images or content of an obscene or inappropriate nature.
6.8. Any images that the Company are asked to obtain from third party photographers or stock photography will be charged as an additional cost.
6.9. Artwork may be archived for up to three years in certain circumstances such as the requirement for repeat orders by some Clients. This will be at the discretion of the Company and with the Client’s permission and in accordance with the General Data Protection Principles. Copies of print ready artwork may therefore be available at the Client’s request for up to three years although the Company accepts no liability for any losses or additional costs incurred by the Client as a result of any artwork not being retained.
6.10. Cutting forms and dies remain the exclusive property of the Company unless requested by the Client, in which case, at the Company’s discretion and subject to an appropriate charge, they may be provided to the Client.
6.11. The Company may consider printing on materials supplied by the Client, but this will be discretionary, and the Company accepts no liability for imperfections caused by the unsuitability of any material supplied for this purpose.
6.12. The Company offers a fourteen days warranty on all printed Goods supplied unless the Goods have been identified with a genuine fault as part of the printing process, in which case the warranty may be extended. Faults notified as a result of poor or inappropriate handling or storage of the Goods by the Client after delivery, or the Client’s nominated carrier during transportation, are not covered by the warranty from the point of delivery or collection.
6.13. Should the Client at any time advise the Company that they waive the requirement for the Goods to be checked, no liability will rest with the Company for any errors noted thereafter.
6.14. The contract exists between the Company and the Client only. If the Client requests delivery to a third party, the responsibility for checking the order within the prescribed time frame and payment for the Goods rests entirely with the Client.
6.15. The Company cannot guarantee the Client exclusivity of any marketing concept, strategy, design or other intellectual property provided. Therefore the Company will not accept liability for any alleged claim from the Client or any Third Party as the result of unintentional similarity in part or whole of a Third Party’s copyright protected or registered trademark or brand, identity, strapline, colour usage, image style and content, product or otherwise.
7. Liability
The Company’s whole liability and the Client’s sole remedies for any default in respect of Goods or Services supplied are as follows;
7.1. The Company will not be held liable for any missed launch date or deadline, if the Client has been late in supplying Materials, has not given feedback promptly when requested, has failed to pay within the required time frame or has not approved or signed off work on time at any time during any process that the Company is working on.
7.2. The Company is not liable for any costs or delays associated with changes in instructions by the Client including, but not limited to, changes in delivery instructions, delivery dates or product specification.
7.3. The Company is not liable for any costs, losses or damages associated with the failure of the Client to take or accept delivery of the Goods.
7.4. The Company and the Client may agree to defer a launch date or extend a deadline due to extenuating circumstances and then only with the prior written agreement of both parties.
7.5. The Client shall allow the Company every reasonable opportunity to replace the Goods or the part of the Goods in question and only if any fault has been notified in accordance with the relevant clauses above. Should the Client elect to use any third party to rectify or replace the work without giving the Company the opportunity to remedy the complaint then the Company will have no further liability in the matter but all invoices raised in respect of the Goods and Services will remain payable by the Client.
7.6. In the event of any valid claim in respect of any default the Company will agree to replace the Goods or Services (or the part in question) or offer the Service free of charge to the Client or, at the Company’s discretion, refund to the Client the price of the Contract (or proportionate part of that price) but the Company shall have no further liability to the Client.
7.7. The Company’s maximum total liability for any one default will be limited to the value of the Goods or Services under the terms of the existing single Agreement.
7.8. In no event shall the Company be liable for the following loss or damage howsoever caused, even if foreseeable by the Company:
i. economic loss (loss or profits business revenue goodwill or anticipated savings) or
ii. any other consequential loss or damage (except expenses incurred with regard to death or personal injury) and claims against the Client by any other parties.
7.9. The Company shall be under no liability whatever if the price paid for the Goods or Services has not been paid by the due date for payment.
7.10. No claim will be accepted in respect of quantities supplied to the Client in accordance with clause 2.5 above.
7.11. The Company accepts no liability for any claim or suit arising from any breach of copyright; intellectual property rights infringed; any errors or omissions in any Materials; or for any loss or damage of any kind incurred as a result of the use of any Materials provided by the Client.
7.12. Pre-licenced images provided by the Client to the Company will be accepted but the Company accepts no liability or responsibility for verifying the licence on said images. The responsibility for this lies solely with the Client. The Company reserves the right to request evidence of ownership or permissions where it deems it necessary.
8. Third Parties
The Company reserves the right to commission freelance support or outsource any job if it is felt it is in the best interests of the Client. Any outsourced job remains the property and/or responsibility of the Company.
9. Cancellation
9.1. Notice of any cancellation of an agreement for provision of periodical publications must be given at least one calendar month before the expected provision date. The Client accepts that any costs incurred by the Customer in the event of the correct notice period not being given by the Client will be payable by the Client and the Client hereby agrees to do so.
9.2. The Company will charge for all design costs on a task by task basis. Should the Client cancel the order after artwork has been provided, the Client agrees to pay all charges due at the point of cancellation. Any artwork created by the Company remains the property of the Company until payment in full has been made by the Client.
9.3. If at any point during the design or development cycle the Client wishes to cancel, they may do so but will be invoiced an amount that the Company judges to be proportional to the amount of work completed on the commission plus any further compensatory charges for booked design time or printing press time or any other supply costs accrued.
10. Termination of the Contract
The Company will not tolerate aggressive or rude behaviour, racism, nationalism; sexism, homophobia or ageism directed towards its staff or Marketing and reserves the right to terminate the project at any time in this event. The Company accept no liability for any losses or costs incurred by the client in the event of termination by The Company under this clause.
11. Force majeure
The Company shall be entitled to delay or cancel delivery or reduce the amount delivered if it is prevented or hindered or delayed through any circumstances beyond its control including but not limited to strikes, accidents, breakdowns or unavailability of materials from the normal source of Supply. The company will make every effort to remedy the situation and will ensure that the Client is kept full informed of any issues arising from such circumstances.
12. Copyright
By ordering and using the services of Bauernhaus Creative and The Print Lady. The Client agrees that all concept, design and artwork created and revised by employees of the Company are the sole intellectual property of Bauernhaus Creative and The Print Lady. Any artwork cannot therefore be released to the Client unless there is a written agreement with payment provided to compensate the Company for the time taken to format the artwork and for releasing its intellectual property and/or transferring over copyright rights.
13. Privacy
13.1. The Company may wish to use some printed materials as part of its portfolio for marketing purposes although any personal data will not be stored and used for this purpose. The Company understands that some materials (wedding invitations for example) may contain personal information and any such detail will be redacted from any marketing material and only used with the express permission of the Client.
13.2. The Company adheres to all national and EU data protection in accordance with the prevailing General Data Protection principles, data transfer, data retention, and confidentiality regulations and always stores data sent to us in a secure manner within our security policy.
13.3. It is The Company's policy to respect the privacy of its users. Full details are available at www.printlady.co.uk/privacy-notice
14. General
14.1. The parties agree to submit to the Jurisdiction of the English Courts.
14.2. The Company operates within the opening hours of 8am to 5pm Monday to Friday.
14.3. Clients must be over the age of 18 to place orders with the Company.
14.4. Terms and Conditions may be changed at any time by the Company without prior notice to its Clients.