Perzonalize - Terms & Conditions Of Business

These terms and conditions apply to all orders and supersede all others.

Unless otherwise agreed in writing by Perzonalize all goods are supplied in accordance with these terms and conditions of business.

Perzonalize reserves the right to make alterations to the site and details displayed on it (including prices).

Perzonalize reserves the right to change the design and specification of goods ordered by the Buyer without notice and substitute comparable goods.

There shall be no binding contract between Seller and Buyer until Seller has accepted Buyer’s order.

All orders placed with Perzonalize are deemed to be acceptance of these Terms.

In these terms and conditions:

· "Perzonalize" means Perzonalize and any successor to its business, and as the context allows, any other connected entity that supplies the goods ordered by you

· "We" and "Us" means Perzonalize either alone or together with you, as the context requires.

· “Seller” refers to Perzonalize and “Buyer” refers to you, the customer.

· "Working day" means every day of the year except weekends, and English bank, statutory and public holidays.

· "You" means the person ordering goods subject to these terms and conditions.

GENERAL

· We shall not be liable to you where the performance of any of our obligations to you is prevented, frustrated or impeded by reason of acts of God, war and other hostilities, civil commotion, accident, strikes, lock outs, trade disputes, acts or restraints of Government, imposition or restriction of imports or exports or any other cause not within the reasonable of Perzonalize.

· If any part of these Terms and conditions is found to be unenforceable as a matter of law, all other parts of these terms and conditions shall not be affected and shall remain in force.

· While we will use reasonable endeavours to verify the accuracy of any information we place on this website, we make no warranties, whether expressed or implied in relation to its accuracy. We cannot guarantee that the appearance and/or colours of products shown on this site exactly reproduce the appearance and /or colours of the physical products themselves.

· We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) otherwise out of or in connection with these terms and conditions for any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect losses, suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.

· These terms and conditions any contracts between us shall be governed by and constructed in accordance with English law and the English courts shall have exclusive jurisdiction over any dispute between us.

ARTWORK

We can only be responsible for reproduction of artwork supplied by the clients or produced against their written order. A paper proof must be signed before proceeding with all orders. Blocks, dies, screens and jacquards are chargeable unless otherwise agreed and remain the property of Perzonalize. Any design, artwork or Logo created by Perzonalize, remains the property of Perzonalize, to use as we wish. Perzonalize reserves the right to use any design, artwork or Logo supplied to them for marketing purposes, unless specifically requested not to, in writing.

COLOUR REPRODUCTION

Whilst every effort is made to give a faithful reproduction of client’s particular colours, different surfaces and materials to be printed can create variations in inks, foils and colours. Therefore, we cannot guarantee exact reproduction.

SAMPLES

Samples can be issued charged at cost upon written request from the customer. This charge can then be deducted from the order value if requested in writing by the customer. With consent of Chris or Geoff Baxter, samples may be issued on loan if in stock and must be returned in good condition within 14 days. An invoice will be raised after this time for any items not returned.

PROOF SAMPLES

Proof samples are labour intensive and tend to disrupt production runs. Therefore a black and white paper proof suffices in most cases to overcome doubts as to correctness and definition. Charges for proofing will be quoted upon request.

PRICE

· Perzonalize sets the prices for goods displayed for sale on this site. Delivery will be charged on an order-by-order basis, and any such additional charges are clearly displayed where they apply. Prices and delivery charges are valid and effective only to delivery to addresses in mainland United Kingdom.

· Orders are accepted subject to our right to adjust prices in the event of any fiscal change in law or Government Regulations prior to the date of delivery or of any substantial change in the currency rate at the time of importation of goods.

· The right is reserved to supply up to a certain maximum over or under the ordered quantity of PRINTED goods and goods will be charged at the contract rate for the ACTUAL number of goods supplied. The maximum applicable will depend on the practice of particular trade of goods supplied, however normal variances are +/- 10%. The appropriate charge will be made for additional items received

· A final invoice will be raised upon despatch of goods, which may vary from that originally quoted to take into accounts any variances in amount or amendments to original order, this additional invoice to be paid within 7 days of invoice date.

· Our acceptance of your offer will create a legally binding contract between us. We reserve the right not to supply you at our discretion.

· Where applicable all prices are inclusive.

PAYMENT TERMS

· Payment is payable at time of order to receive the prices quoted on this website, and orders will not be produced and/or despatched until payment is received. Payment can be made by Cash, Bank Transfer, Pay Pal or Cheque, but please note that cheque payment must clear before production will commence.

PASSING OF TITLE AND RISK

The risk of the goods shall pass to you on delivery. All goods, delivered or not, remain our property until payment is received in full. Until such time as payment in full is made, you shall retain such goods separately from other goods and clearly mark them in such a way that they can be readily identified as being our property and any payment received by you for any sale of such goods must be held in a separate account in trust for us. In the event of non-payment by you for such goods, we will, without loss of any rights or remedy, remove from your possession those goods belonging to us in accordance with these terms and conditions and we shall be entitled upon the property where the goods are stored and repossess and remove the same. You hereby grant us irrevocable licence to enter your premises for the said purpose.

QUOTATIONS AND CONTRACTS

· A quotation is for information only and is binding on the Seller only If and to the extent that it is incorporated in an order which the Seller has accepted in writing.

· All quotations are valid at the time of quoting error and omissions excluded.

· Orders are accepted subject to our right to adjust prices quoted to take account of any changes in the law or Government regulations requiring us to increase prices by way of direct taxation, import duties, customs and excise duties or otherwise.

· The prices are based on today’s current costs of production and in the event of any increase in wages or costs of materials to us occurring after the confirmation or accepted contract, we shall be entitled to charge such increases to you.

PRINTING AND DESIGN

· All printing, artwork, composition and design is done on the Buyer's instructions and the Buyer will assume all liability for any resultant infringement of copyrights and trademarks and will hold the Seller harmless for any liability therefore.

· Alterations from the original copy on and after the first proof, including alterations in style, will be charged extra.

· All blocks, rubbers, printing plates, sketches and other original work produced by the Seller in connection with the order shall remain the property of the Seller unless paid for by the Buyer.

· Preliminary work produced, whether experimentally or otherwise, at the Buyer’s request, will be charged extra

· The Seller shall not be required to print any matter in their opinion is of an illegal nature.

DELIVERY AND LEAD TIMES

· Most items can be collected, free of charge, from our Shop in 'The Shambles' on Stockton High Street.

· Where delivery is required, every effort will be made to deliver on time, but any delivery day or lead-time specified is a best estimate and no liability is accepted for any loss arising from delay or error in the delivery of the goods.

· Our delivery hours are 9am - 6pm, Monday to Friday.

· Owing to considerable differences in weight, bulk and shapes of articles, carriage will be an extra charge to each order. This is charged at cost and is not known until the order is despatched.

· For security reasons a signature is required to acknowledge receipt. If you know that there will be no one available to sign for your delivery, it may be best to supply an alternative address for delivery. If no one is available at the delivery address to sign for the goods, the delivery company will leave a card. You can simply call the number on the card quoting the card reference number to re-arrange delivery at a more suitable time.

· Please note we are only able to ship products to addresses in mainland United Kingdom. We work closely with our carriers to ensure best possible service and delivery times, however, some delays may occur which are outside our control and we will endeavour to work with you and the carrier to resolve these immediately.

· While every effort will be made to deliver goods on time, NO liability is accepted for delays occurred by circumstances beyond our control

· Non-delivery of goods - Supplies are invariable bound by the Carriers terms and conditions and therefore claims for non delivery of all or part of the consignment must be notified in writing with 5 working days to enable claims to be made against the carrier.

· Packages damaged in transit - Claims arising from damage to packages in transit must be notified forthwith. Delivery sheets relating to damaged cartons should be signed and stated accordingly.

· Special rush deliveries can usually be arranged but will usually be subject to additional charges (e.g. rush print charges and rush delivery charges) that will be charged to you at current commercial rates.

REFUND, REPLACEMENT & CANCELLATION

· Goods supplied against orders cannot be returned for any reason once they have been printed to your specification as per the signed paper proof. However, if the print is incorrect i.e. different from that of the paper proof, we will re-print the products immediately. Goods are not supplied on a sale or return basis.

· If goods are incorrect, faulty or damaged upon delivery we will exchange the product . However we must be notified in writing (via e-mail, fax or post) within five working days following your acceptance of this delivery. If the fault cannot be verified over the phone or email, the goods may be required to be returned to us for inspection before a determination can be made as to the state of the product. Please do not send your products back to us before first contacting us.

(a) For bulk items, we will arrange for the goods to be collected by our nominated delivery carrier at our own expense, and meet the cost of any subsequent delivery or replacement items.

(b) For smaller items sent by Royal Mail, the item/s may be required to be returned to us for inspection before a determination can be made as to the state of the product. We will only acknowledge returned goods if they are sent using Royal Mail 'Signed For' Recorded Delivery, so that you have proof of delivery. You will have to meet the delivery costs of returning the products, although we will refund the postage at our discretion once the item is rechecked. If we are at fault, we will reimburse Royal Mail 'Signed For' Recorded Delivery costs on proof of receipt.

It is only when we receive the item in its original state, that Perzonalize will redo or recommend a remedy for a faulty item. Please note that if an item is not in an unused condition, then we will not be able to offer you a remedy save for faulty workmanship, which we may repair.

Where there is a minor fault we may suggest an alternative remedy.

Non-faulty goods; We cannot accept returns of non-faulty goods because the product/s have been personalised or customised specifically for you.

· Refunds will be made if we cannot rectify the problem and will be paid via the identical method of payment used to originally purchase these goods within 30 days of receipt of the returned goods. Refunds will only be paid for faulty/damaged goods and not for buyer's change of mind.

· If the Buyer cancels an order at any time after the date of acceptance by the Seller then the Buyer shall reimburse the Seller any costs and expenses incurred by the Seller in connection with that order and invoiced accordingly.

· Failure of goods to comply with contract terms on grounds of quality, quantity or on grounds that the wrong goods have been supplied must be notified within 5 days. In any event within such period of times as will exclude the possibility of deterioration or damage due to unsatisfactory storage by recipients or any other cause.

TRADE MARKS

· The supply of goods by the Seller shall not confer any right upon the Buyer to use any of the Seller's trade marks without prior written consent of the Seller and at all times such trade marks shell remain the property of the Seller.

· It is the responsibility of the Buyer to ensure that his requirements do no constitute an infringement of any copyright, patent rights, design, trademark or name. Or any other protected rights. The Buyer shall save harmless and indemnify the Seller from and against all claims and Proceedings for or on account of any such infringement and from and against all claims, demands, proceedings, damages costs, charges and expenses whatsoever in respect thereof or in relation to.

LIABILITY

· We can accept no responsibility for loss or damage arising from the supply of goods under this contract unless you have fully complied with the notification of claims procedures set out in this contract.

· Nothing in these terms and conditions shall affect the right of a consumer.

FORCE MAJEURE

Without Prejudice to any other of these conditions. Seller shall be under no liability for delay or non-performance of any obligations hereunder due to any circumstances whatsoever beyond the control of the Seller.

BUYERS BREACH AND FINANCIAL SITUATION

If Buyer shall be in breach of any of its obligations hereunder or under other contract with Seller or if at any time Buyer’s financial condition does not in Seller’s unfettered judgement justify continuance of this contract on the terms of payment agreed. Seller may, without prejudice to any rights and without liability whatsoever to Buyer, cancel any outstanding part of the contract or suspend any deliveries until such time as Buyer shall provide security satisfaction to Seller for the performance of all obligations of Buyer to Seller.

HOW TO RETURN ITEMS

Call 07866 985669 or email sales@perzonalize.com on receipt of goods to advise of any incorrect, faulty or damaged goods. We must then be notified in writing (via email or post) providing a digital image of the fault (along with a clear description of the problem) within 5 working days following your acceptance of this delivery.

If the fault cannot be verified over the phone or email, the goods may be required to be returned to us for inspection before a determination can be made as to the state of the product. Please do not send your products back to us before first contacting us.

(a) For bulk items, we will arrange for the goods to be collected by our nominated delivery carrier at our own expense, and meet the cost of any subsequent delivery or replacement items.

Where there is a minor fault we may suggest an alternative remedy.

Non-faulty goods; We cannot accept returns of non-faulty goods because the product/s have been personalised or customised specifically for you.

We are determined that you should be a happy customer and we put in huge efforts to produce the best items we can, but human error may occasionally surface. If you are unsatisfied please raise your concern. Please note we work in accordance with these provisions.

Please note that we do not export goods and all transactions are made in £ sterling.