Illustrated Solutions Ltd:
Sales Terms and Conditions
These Terms and Conditions are the standard terms and conditions that apply to the sale of Goods by us, Illustrated Solutions Ltd, a company registered in England & Wales under number 12619004 whose registered office address is 6 Carr Road, Wath Upon Dearne, Rotherham, S63 7AA, England.
1. Definitions and Interpretation:
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Artwork” means any material intended for print on the Goods;
“Contract” means the contract for the purchase and sale of the Goods, as explained in clause 2;
“Customer” means you, the individual placing an Order with us;
“Goods” means the Goods which are to be supplied by us to you as specified in your Order. For the purpose of these Terms and Conditions, Goods include all items available for purchase via our Website and any Services we may provide to you;
“Order” means your order for the Goods;
“Order Confirmation” means our acceptance and confirmation of your Order as described in clause 2 or on receipt of our invoice;
“Services” means the printing, and/or design or any other services provided by us to you;
“We/Us/Our” means us, Illustrated Solutions, and includes all employees and agents of ours;
“Website” means www.illustratedsolutions.co.uk
1.2 Each reference in these Terms and Conditions to “writing” and “written” includes electronic communications such as e-mail.
1.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon their interpretation. Words imparting the singular number shall include the plural and vice versa. References to any gender shall include the other gender. References to persons shall include corporations.
1.4 No terms or conditions stipulated or referred to by you in any form whatsoever shall in any respect vary or add to these Terms and Conditions unless agreed by us in writing.
2. The Contract:
2.1 You can place an Order with us online, by e-mail or by telephone. We will check the prices on your Order against our up-to-date price list. If the prices do not match, we will contact you to advise of the correct price and will obtain your consent before proceeding.
2.2 Access to our Website is free of charge. It is your responsibility to make any and all arrangements necessary in order to access our Website.
2.3 Access to our Website is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue our Website (or any part of it) at any time and without notice. We will not be liable to you in any way if our Website (or any part of it) is unavailable at any time and for any period.
2.4 You can register an account with us via our website to place an Order, in this case you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and to the extent permitted by applicable law you agree to accept all responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept safe, confidential and secure and should inform us immediately if you have any reason to believe that your account password has become known to anyone else, or if the password is being, or likely to be used in an unauthorised manner.
2.5 No part of our Website constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that we may, at our sole discretion, accept. Order Confirmations will be provided in writing and will contain the following information:
2.5.1 Confirmation of the Goods ordered with fully itemised pricing including, where appropriate, taxes, delivery (where applicable) and other additional charges;
2.5.2 Our identity and contact details;
2.5.3 The estimated delivery date(s) and time(s), where applicable.
2.6 If we, for any reason, do not accept or cannot fulfil your Order, no payment will be taken under normal circumstances. If we have taken payment, any such sums will be refunded to you as soon as possible (in any event, within 14 days).
2.7 Once your Order has been accepted as detailed in clause 2.1, we cannot accept any changes to it.
2.8 You are responsible for the accuracy of any information you submit to us and for ensuring that the Order reflects your requirements. The invoice is based on the information provided to us at the time we prepare it. If any errors or discrepancies become evident, we reserve the right to make adjustments to it.
2.9 You agree to provide us with any information, advice and assistance as we may reasonably require within sufficient time to enable us to perform the Services. However, any timescales we provide are a guideline only and are not of the essence of the Contract.
3.1 For any bespoke goods it is your responsibility to submit the Artwork required to be printed on to the Goods.
3.2 We may provide professional advice and recommendations in relation to the Services but we cannot accept responsibility for any actions taken as a result of such advice or recommendations, nor can we guarantee the success or outcomes of any Services provided. Further, we shall not be liable for any consequences should any professional advice not be taken.
3.3 Where you have requested Artwork to be specifically designed by us, we will provide you with a proof that you must check thoroughly for any errors and mistakes. We will not assume responsibility for any errors found in printed materials that were not brought to our attention during the proofing stage where applicable. If you do not check the artwork in time, it will be processed and published in order for us to meet our deadlines.
3.4 Artwork provided by the Client will need to be completed in compliance with the specifications provided by us. Artwork specifications vary, and we will provide you with the correct specifications via email or in person, where necessary.
3.5 We will not print anything that is discriminatory, unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or offensive; our decision is final.
3.6 Artwork will only be classified as complete if the specifications and format meet our specifications in accordance with clause 3.5. Such artwork will include deadline dates which must be met. If they are not met, we have the right to withdraw your Order and charge you the full Fee.
3.7 Once we send you a proof (see 3.3), it must be signed off by you in writing. We will not proceed to printing until we have received this sign off.
3.8 It is your responsibility to check for mistakes, including spelling and grammar mistakes, at all stages and we accept no responsibility for the same. Any changes need to be communicated to us in writing. If the materials need to be reproduced due to errors or omissions that have not been communicated to us, the reproduction costs will be chargeable.
3.9 Due to the variety of materials and processes used, we cannot guarantee to exactly match pantone/colour references provided by you. Whilst every effort is made to match as closely as possible to these pantone/colour references, we cannot be held liable for inconsistencies or for any loss or costs that may arise as a result.
3.10 We use third party couriers to deliver the printed goods. Any delivery dates given by us represent a best estimate only. You are required to inspect the goods on delivery or if this is not possible, the delivery note or such other note as appropriate must be marked “not examined”. Should the goods received be in poor condition on delivery, or simply incorrect, you are required to take photographs of the alleged issue and forward these to us within 48 hours of receipt. In this event, we will investigate and will arrange redelivery as soon as reasonably possible.
3.11 We will be under no liability for any damage or shortages that would be apparent on reasonable careful inspection if the provisions of clause 3.10 are not complied with.
4. Description and Specification of Goods:
4.1 We have made every reasonable effort to ensure that the Goods conform to the photographs and descriptions provided in our sales and marketing literature and on our Website. We cannot, however, guarantee that all photographs and descriptions will be precisely accurate. Please note in particular, certain colours may look different to the actual colour of the Goods, when displayed on your computer, phone or tablet.
4.2 We provide a sizing guide on our Website for clothing items. Please note that some items are unisex and so may vary in size – please refer to clause 7 if you wish to return such items to us.
4.3 We reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements, without notice.
4.4 We neither represent nor warrant that particular Goods will be available. Stock indications are not provided on our Website.
5. Price and Payment:
5.1 The price of the Goods will be that shown on our Website at the time of your Order. Our prices may change at any time but these changes will not affect any Orders that we have already accepted.
5.2 We have made every reasonable effort to ensure that our prices, as shown in our current sales and marketing literature and on our Website are correct. If we find, or are made aware of, any typographical, clerical or other accidental errors or omissions in our sales and marketing literature or on our Website, we will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible.
5.3 If there is an obvious pricing error on our Website, we will be under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the price error is unmistakable and could have reasonably been recognised by you as a mispricing. Prices will be checked when we process your Order.
5.4 All prices include VAT, where applicable. If the rate of VAT changes between the date of your Order and the date of your payment, we will adjust the the selling price to include this change of rate of VAT (that you must pay). Changes in VAT will not affect any prices where we have already received payment in full from you.
5.5 Delivery charges are not included in the price of the Goods Delivery options and any related charges will be presented to you as part of the Order process, where applicable. Payment for the Goods and any related delivery charges must always be made at the time of Order and you will be prompted to pay during the Order process.
5.6 Should you require us to do the design this will be chargeable to cover the initial designing cost. Any future re-prints using the same design, or any Artwork provided by you will not incur this charge.
5.7 All payments made via the Website will go through a third party payment gateway provider. No credit or debit card information is provided to us and completion of the transaction will be subject to you agreeing to their terms and conditions. A separate contractual relationship is created between you and the payment provider and we cannot be held liable for any errors, actions, omissions or incorrect charges that may be made by them.
5.8 For Orders not made via our Website, full payment must be received from you before any printing will be undertaken.
5.9 Where credit has been agreed, all invoices are payable within 28 days from the date of invoice, unless otherwise specified.
5.10 You agree to pay for any additional services provided by us that are not specified. These additional services shall be charged in accordance with our current rate in effect at the time of the performance or such other rate as may be agreed.
5.11 All payments shall be made in pounds sterling without any set-off, withholding or deduction.
5.12 The time of payment shall be of the essence. If you fail to make any payment by the due date then, without prejudice to any right which we may have under to any statutory provision in force from time to time, we shall have the right to suspend the Services, and charge you interest at a rate of 8% per annum above the Bank of England base rate from time to time, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. Such interest shall be calculated on a daily basis and will accrue after as well as before any judgment.
6. Delivery (Shipping):
6.1 All Goods purchased through our Website will normally be delivered within 7 business days after the date of our Order Confirmation unless otherwise agreed or specified during the Order process. Please note bespoke Goods may take 14 business days from receipt of your digital proof. Any goods that we have to outsource to another supplier (for example: goods that we don’t usually press e.g. pens) will have delivery times dependent on when that supplier can do the work for us. We will notify you of an estimate date of when that delivery will be made to you.
6.2 Orders will be delivered by a third party – you will be required to sign for the order. Should your Order not arrive by the estimated delivery date, you should contact us in writing as soon as possible so we can investigate.
6.3 If no one is available at your delivery address to receive the Goods and the Goods cannot be posted through your letterbox or left in a safe place nominated by you, the delivery company will leave a delivery note explaining how to rearrange delivery or where to collect the Goods.
7.1 No Order which has been accepted by us may be cancelled by a business Customer except with our agreement in writing on the terms that the Customer shall indemnify us in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, restocking, charges and expenses incurred by us as a result of such cancellation. In addition, due to the nature of customised or personalised orders, unless the order(s) arrive damaged or defective, we can’t accept returns for them (as we would be unlikely to sell those goods to someone else).
7.2 If, on delivery, you are not satisfied with the Goods and wish to return them, you may do so only provided:
7.2.1 you inspect the Goods on delivery. Where the Goods cannot be examined the delivery note or such other note as appropriate shall be marked “not examined”.
7.2.2 you inform us that you wish to return the Goods within 72 hours of delivery;
7.2.3 the Goods remain in their original condition (as delivered);
7.2.4 the Goods are returned at your risk and you agree to bear the cost of delivery to us; and
7.2.5 you indemnify us against any cost incurred by us in rectifying any deterioration of the Goods caused by incorrect storage or use while in your possession.
7.3 If, on receipt, the Goods are proven by us to be damaged or defective, and you comply with clause 7.2 above, we may refund the cost of delivery at our discretion where applicable.
7.4 All Goods must be returned to us under this clause 7 in their original condition, in their original, un-opened packaging, accompanied by proof of purchase.
7.5 Replacement of the Goods (or the defective part thereof), or any credit or refund offered at our discretion, shall be issued to you only upon the receipt of the Goods in accordance with this clause 7.
7.6 If you require an advance replacement and we agree to this, you will be required to pay for the advance replacement up front and we will credit or refund this to you only once we receive the original Goods, provided we have confirmed the Goods were damaged or defective. The original Goods must be returned to us within 30 days. In sending an advance replacement, we are not admitting any liability for any defect or otherwise.
8. Cancellations by Us:
8.1 We may cancel your Order at any time before we despatch the Goods to you, if the Goods are no longer in stock and we are unable to re-stock (if, for example, the Goods are discontinued); or If an event outside of our control occurs (please see clause 11 for events outside of our control).
8.2 If we cancel your Order and you have already paid for the Goods under clause 7, the payment will be refunded to you within 14 days. If we cancel your Order, the cancellation will be confirmed by us in writing.
9. Intellectual Property Rights:
9.1 The copyright in any Services provided by us is and will become your property. Subject to a written agreement to the contrary, the Contract will give you ownership rights in the Services provided by us provided all payments due under the Contract have been received by us in full.
9.2 We reserve the right to use any materials, copy, or any other Services provided by us, together with your company name, for our own advertising or promotional purposes.
9.3 You warrant that any data including but not limited to logo, design, image, document or instruction supplied or given by you will not cause us to infringe any intellectual property rights of any third party (including, but not limited to, any letter patent, registered design or trade mark) in the execution of our Services. You will indemnify us against all loss, damages, costs and expenses awarded against us or incurred by us in settlement of any claim for infringement of any patent, copyright, design, licence, trademark or any intellectual property rights which results from our use of your information.
10. Our Liability:
10.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence or breach of contract. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
10.2 Under no circumstances will we be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity whatsoever.
10.3 Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees or sub-contractors); or for fraud or fraudulent misrepresentation.
10.4 Nothing in these Terms and Conditions seeks to exclude or limit any of your rights as a Consumer. More information on your rights as a Consumer can be obtained from your local Citizens’ Advice Bureau or Trading Standards Office.
11. Events Outside of Our Control (Force Majeure):
We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: failure of any sub-contractor, power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, subsidence, acts of terrorism or war, governmental action, epidemic or other natural disaster, or any other event that is beyond our control.
12. Communication, Complaints and Feedback:
12.1 If you wish to contact us in writing, please use the contact form on our Website.
12.2 We always welcome feedback from our customers and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint. If you wish to complain about any aspect of your dealings with us, please contact us in writing so we can investigate.
13. How We Use Your Personal Information (Data Protection):
13.1 All personal information that we may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 2018 and your rights under that Act.
13.2 We may use your personal information to provide our Goods and services to you, process your payment for the Goods, send our newsletter to you; and/or inform you of new Goods available from us. You may request that we stop sending you this information at any time. We will not pass on your personal information to any third parties without first obtaining your express permission.
14. Other Important Terms:
14.1 We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (if, for example, we sell our business). If this occurs you will be informed by us in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms will be transferred to the third party who will remain bound by them.
14.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract) without our express written permission.
14.3 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
14.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) will be deemed severed from the remainder of these Terms & Conditions and the remainder will be valid and enforceable.
14.5 No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
15. Governing Law and Jurisdiction:
These Terms and Conditions and the Contract between you and us will be governed by, and construed in accordance with, the laws of England and Wales and any dispute will fall within the non-exclusive jurisdiction of the courts of England and Wales.
Contact us for further information: firstname.lastname@example.org
16. Changes to Our Terms and Conditions:
We may change these Terms and Conditions from time to time (for example, if the law changes). Any changes will be immediately posted on our Site and you will be deemed to have accepted these Terms and Conditions on your first use of our Site following the alterations. We recommend that you check this page regularly to keep up-to-date.