3 THE CONTRACT
3.1 These Terms and Conditions govern the sale of goods by Us and will form the basis of the Contract between Us and you. Before making your Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.
3.2 Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our discretion, accept.
3.3 A legally binding contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided in writing.
3.4 We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:
3.4.1 The main characteristics of the Goods;
3.4.2 Our identity (set out above in Clause 2) and contact details (set out below in Clause 12);
3.4.3 The total Price for the Goods not including any import taxes or duties or similar taxes or, if the nature of the Goods is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
3.4.4 Where applicable, all additional delivery charges or, where such charges cannot be calculated in advance, the manner in which they will be calculated;
3.4.5 Where applicable, the arrangements for payment, delivery and the time by which We undertake to deliver the Goods;
3.4.6 Our complaints handling policy;
3.4.7 We shall ensure that you are aware of Our legal duty to supply goods that are in conformity with the Contract;
3.4.8 Where applicable, details of after-sales services and commercial guarantees;
3.4.9 Where applicable, the functionality, including appropriate technical protection measures, of digital content; and
3.4.10 Where applicable, any relevant compatibility of digital content with hardware and software that We are aware of or might reasonably be expected to be aware of.
4 DESCRIPTION AND SPECIFICATION OF GOODS
4.1We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided in Our sales and marketing literature and descriptions provided by Our sales promoters. We cannot, however, guarantee that all illustrations and/or photographs will be precisely accurate due to discrepancies that may arise during the printing process or differences in the colour reproduction of electronic equipment displays. Where something is glaringly obvious, we will accept fault. We usually apply a common-sense variation approach to any such discrepancies.
4.2 If you receive any Goods that do not conform to illustrations, photographs or descriptions under sub-Clause 4.1 you may return those Goods to Us as provided in Clause 8.
4.3 If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any sales and marketing literature, price lists or any other documents We will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible. If, as a result of any such error or omission, you have received the wrong Goods, you may return those Goods to Us for non-compliance with the description as provided in Clause 8. If, as a result of any such error or omission, you have paid too much, We will refund the excess paid for the Goods.
4.4 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.
4.5 Bespoke Goods are available from Us. If you Order bespoke Goods from Us, We will produce or alter those Goods to your specifications and requirements. We may request further information about your Order for bespoke Goods before we begin.
4.6 When placing an Order for bespoke Goods, please ensure that all information that you provide to Us is correct, accurate and complete. We cannot accept the return of any bespoke Goods if the return is due to incorrect information provided by you. Please note that this does not affect your legal rights (including but not limited to those described in these terms and conditions).
5.1 All Orders for Goods made by you will be subject to these Terms and Conditions.
5.2 You may change your Order at any time before We begin the production process or despatch the Goods by contacting Us. This does not apply to bespoke Goods. We will only accept changes to Orders for bespoke Goods if We are reasonably able to accommodate your request without additional work. Requests to change Orders do not need to be made in writing prior to the work being completed.
5.3 If your Order is changed, We will inform you of any change to the Price in writing.
5.4 You may cancel your Order at any time before We produce the Goods by contacting Us. If you have already paid for the Goods under Clause 6, the payment will be refunded to you within 7 working days if you have cancelled correctly in advance. This does not apply to bespoke Goods once work has commenced (unless you are cancelling under sub-Clause 11.2.5 due to an event outside of Our control). We will only accept an Order cancellation for bespoke Goods if We have not yet begun making or altering the Goods. If you request that your Order be cancelled, you must confirm this cancellation in writing.
5.5 We may cancel your Order at any time before We despatch the Goods in the following circumstances:
5.5.1 The Goods are no longer in stock and We are unable to re-stock (if, for example, the Goods are discontinued); or
5.5.2 An event outside of Our control continues for more than 7 days (please see Clause 11 for events outside of Our control).
5.6 If We cancel your Order under sub-Clause 5.5 and you have already paid for the Goods under Clause 6, the payment will be refunded to you within 7 working days. If We cancel your Order, the cancellation will be confirmed by Us in writing. Please note that we are not obliged to accept any order from you and may decline at any time. In such case, your payment will be returned to you.
6 PRICE AND PAYMENT
6.1 The Price of the Goods will be that shown in Our website or in any specially issued project quote in force at the time of your Order. If the Price shown in your Order differs from Our current Price, We will inform you upon receipt of your Order.
6.2 If We quote a Special Price which is different to the Price shown in Our current website or price lists, the Special Price will be valid for 14 days or, if the Special Price is part of an advertised special offer, for the period shown in the advertisement. Orders placed during this period will be accepted at the Special Price even if We do not accept the Order until after the period has expired.
6.3 Our Prices may change at any time but these changes will not affect any Orders that We have already accepted.
6.4 We have made every reasonable effort to ensure that Our Prices, as shown in Our current website and price lists are correct. Prices will be checked when We process your Order. If the actual Price of the Goods is lower than that stated in your Order, you will be charged the lower Price (unless the lower price was an obvious mistake that you could have reasonably recognised). If the actual Price of the Goods is higher than that stated in your Order, We will ask you how you wish to proceed.
6.5 All Prices include any applicable VAT. If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust any VAT rate that is charged. Changes in VAT will not affect any Prices where We have already received payment in full from you.
6.6 Our Prices exclude the cost of delivery. Delivery costs will be added on to the final sum due.
6.7 All payments for Goods must be made in advance before We can despatch the Goods to you.
6.8 We accept the following methods of payment:
6.8.1 Online card payment;
6.8.2 Other methods if specifically agreed with you in advance ie upon invoice.
6.9 Payment for the Goods will be taken upon your order being placed.
6.10 If you have a credit account with us or receive goods on invoice, and do not make payment to Us by the due date, then We may charge you interest on the overdue sum at the rate of 4% per annum above the base lending rate of Barclays bank from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after any court judgment. You must pay any interest due when paying an overdue sum.
6.11 The provisions of sub-Clause 6.10 will not apply if you have promptly contacted Us to dispute an invoice in good faith. No interest will accrue while such a dispute is on-going.
7 SHIPPING & DELIVERY
7.1 Please note that delivery is currently only possible within the countries we service. Certain countries may be exempt so please check in advance. We reserve the right to decline orders from countries where we feel delivery/ shipping is chaotic or fragile or where there is strife and a risk of damage or non-delivery to the goods.
7.2 When We provide you with an Order Confirmation, We will provide an estimated delivery date. Please note that estimated delivery dates may vary according to the availability of Goods, your location, and circumstances beyond Our control. Unless agreed otherwise, the Goods will be delivered without undue delay and in any case no later than 30 Calendar Days after the date on which the Contract is formed.
7.3 Delivery will be deemed to have taken place when the Goods have been delivered to the delivery address indicated in your Order and you (or someone identified by you) have taken physical possession of the Goods.
7.4 If for any reason We are unable to deliver the Goods at your chosen delivery address, our chosen courier or delivery Agent will usually leave a note or card informing you that the Goods have been returned to their sorting depot, left in a safe place you have specified or with a neighbour. In such instances it is your responsibility to take possession or collect your goods. You may be able to contact the courier to arrange re-delivery.
7.5 The responsibility (sometimes referred to as the “risk”) for the Goods remains with Us until delivery is complete as defined in sub-Clause 7.4 at which point it will pass to you.
7.6 You own the Goods once We have received payment in full for them.
7.7 Please note that delivery to the following areas may require more time:
7.7.1 Overseas (Non-UK) countries;
7.7.2 Certain rural areas of the UK and areas not on the UK mainland such as the Scottish Islands for example.
7.8 Please note carefully the following:
7.8.1 If We refuse to deliver the Goods, you may treat the Contract as being at an end and We will reimburse you without undue delay.
7.8.2 If delivery of the Goods within the agreed time period or at the agreed time was essential (taking into account the relevant circumstances at the time the Contract was formed) and We fail to deliver, you may treat the Contract as being at an end and We will reimburse you without undue delay.
7.8.3 These provisions shall not be strict during times of exceptional hardship or restrictions on transportation or any special measures introduced in response to public health issues, pandemic or Force Majeure as outlined in our Force Majeure clauses in these Terms of Business.
7.9 If any of the events in sub-Clause 7.8.2 occur you may, instead of treating the Contract as being at an end, specify or allow for a new delivery time or time period. If We continue to fail to deliver the Goods, you may treat the Contract as being at an end and We will reimburse you without undue delay.
7.10 If, despite the events in sub-Clause 7.8.2 and 7.8.3, you choose not to treat the Contract as being at an end, your right to cancel your Order or to reject the Goods will be unaffected. If you do so, We will reimburse you without undue delay.
7.11 If the Goods form a Commercial Unit or series/ number of items, you may only reject or cancel all of the Goods, and not a portion of them.
7.12 SHIPPING COSTS, TIMES & DESTINATIONS – final shipping costs are calculated at the checkout based on a number of parameters. Approximate costs are shown below for each item type. NOTE: If your destination country is not specified below, please contact us with your request for a Special Order, indicating where you are located and which item(s) you are interested in and we will be delighted to provide a quote.
7.13 DELIVERY & SHIPPING RATES- please see our delivery charges by clicking here.
7.14 SHIPPING TIMES: please see our shipping times and destinations here.
7.15 PACKAGING – Prints up to 12 x 16″ (A3 size) will be packed in a flat reinforced envelope. Prints over this size will be rolled, and carefully secured in a heavy-duty cardboard tube. Framed products are wrapped in a protective sleeve, with plastic or cardboard corner guards and shipped in a heavy duty cardboard box.
7.16 CUSTOMS & DUTIES – most items will be shipped from the UK. Please be aware that customers outside of the UK may have to pay customs fees and/or taxes or additional duties. These fees are set by your respective governments and are at all times the responsibility of the buyer. For the sake of clarity, our prices shown on our website or in any sales lists do not automatically include shipping costs (with the exception of 7.14 above) and will be calculated at the time of purchase/ checkout. Our prices never include any additional taxes or customs duties. If you have any doubts you should ask your local Customs Office for assistance regarding values and applicable taxes.
8 FAULTY, DAMAGED OR INCORRECT GOODS
8.1 By law, We must provide goods that are of “satisfactory quality, fit for purpose” and as described by Us at the time of purchase, in accordance with any pre-contract information We have provided in our Product Listing, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences before you order). If any digital content is included in the Goods, that digital content must also conform to the description we gave.
8.2 If any Goods you have purchased do not comply with our description of them and, for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact Us as soon as reasonably possible to inform us of the fault, damage or error, and to arrange for a refund, repair or replacement.
8.3 Please note that if you provided incorrect information when the Goods were ordered (as opposed to being a mismatching to our description of the Goods) you will not be able to automatically choose to return those Goods. Please note that Our returns policy complies with the Consumer Rights act 2015 (which included the Consumer Contract Regulations and Distance Selling Regulations) applicable to all UK Consumers.
8.4 Please note, that we are unable to replace or refund any Goods that have become damaged or faulty due to accidental damage or negligence on your part. Our decision as to whether your actions caused the damage will be final in our absolute judgement.
8.5 Beginning on the day that you receive the Goods (and ownership of them) you have a 30 Calendar Day right to reject the Goods and to receive a full refund if they do not conform as stated above. If you do not wish to reject the Goods, or if the 30 Calendar Day period has expired, you may request that the Goods are repaired or replaced. Within the first six months after you have received the Goods, you are entitled to a repair or replacement unless We can prove that the defect was not present at the time you bought the Goods. After the first six months, you must prove to Us that the defect was present at the time of purchase in order to qualify for a repair or replacement. We will bear any associated costs and have the right to carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In some cases, if repair or replacement is impossible or otherwise disproportionate, We may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund.
- A) If you request a repair or replacement due to faulty goods during the first 30 Calendar Day period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods. If less than 7 Calendar Days remain out of the original period, it will be extended to 7 Calendar Days.
- B) If, after a repair or replacement, the Goods still do not conform (or if We cannot repair or replace them, as described above, or have failed to act within a reasonable time and/or without causing you significant inconvenience), you may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.
- C) If you exercise this final right to reject the Goods more than six months after you receive them (and ownership of them), we may reduce any refund to reflect the use you have had out of the Goods.
8.6 Please note that you will not be eligible to claim under this Clause 8 if We informed you of any faults, damage (seconds or discounted or pre-owned) or other problems with the Goods before your purchase of the them; if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Goods to Us under this Clause 8 merely because you have changed your mind. Please refer to Clause 9 for details of what to do if you change your mind.
8.7 To return Goods to Us for any reason under this Clause 8, you may do so in person during Our business hours of 9am and 5 pm or you may return them to Us by post or another suitable delivery choice. You may alternatively request that We arrange collection of the Goods from you. This only applies to UK Customers. Please ensure that the Goods are ready for collection at the agreed time and location. We are solely responsible for collecting the Goods in this case. However, We may appoint a third party carrier to collect them in which case We will provide you with all relevant details. If the goods are damaged due to our fault, we will be fully responsible for the costs of returning Goods under this Clause 8 and will reimburse you where appropriate.
8.8 Refunds (whether full or partial, including reductions in price) under this Clause 8 will be issued within 14 Calendar Days of the day on which We agree that you are entitled to the refund.
8.9 Any and all refunds issued under this Clause 8 will include all delivery costs paid by you when the Goods were originally purchased.
8.10 When returning any qualifying Goods to Us, You should always do so obtaining a proof of postage and preferably using a trackable/insured shipping service for such return. We cannot guarantee that we will receive your returned item and cannot take any responsibility for undelivered returns.
8.11 For full details of your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office (UK only).
9 RETURNING GOODS IF YOU CHANGE YOUR MIND
9.1 If you are a UK Customer and are not satisfied with any (non-bespoke) Goods purchased from Us you have the right to return them in exchange for a refund or a replacement, subject to the provisions of this Clause 9. This Clause 9 does not apply to Goods that are not in compliance with your legal rights. For such Goods please refer to Clause 8.
9.2 This Clause 9 does not apply to bespoke Goods. These are defined as Goods which We have produced or altered to your specific order. These cannot be returned if you change your mind.
9.3 If you wish to return Goods to Us under this Clause 9 you must do so within 7 days of taking delivery telling Us why you wish to return the Goods.
9.4 All Goods must be returned to Us under this Clause 9 in their original condition, accompanied by proof of purchase. We may require photographic evidence from you taken as soon as possible upon receipt of the Goods in respect of damaged Goods.
9.5 You are solely responsible for the cost of returning Goods to Us under this Clause 9. You may return Goods to Us by post or another suitable delivery service of your choice
9.6 You may request that We collect the Goods from you. Please ensure that the Goods are ready for collection at the agreed time and location. We may charge you for collecting Goods under this Clause 9.
9.7 Refunds or replacements will be issued to you immediately if you return Goods to Us within 7 days of Our receipt of the Goods if you return Goods to Us by post or similar delivery service or if We collect the Goods from you.
9.8 Please note that this extended return period (guarantee) applies only to consumers resident in the United Kingdom. The provisions of this Clause 9 are in addition to your legal rights, not instead of them.
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 (including that of Our employees, agents or sub-contractors). 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 We have a full Product Liability & Warranty Policy which can be read here. You are advised to read this policy document as this will form part of the Terms of your legal relationship with Us.
10.3 We only supply Goods for domestic and private use. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind. By making your Order, you agree that you will not use the Goods for such purposes. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
10.4 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, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
10.5 Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office (UK Customers only).
11 EVENTS OUTSIDE OF OUR CONTROL (FORCE MAJEURE)
11.1 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: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
11.2 If any event described under this Clause 11 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
11.2.1 We will inform you as soon as is reasonably possible;
11.2.2 Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
11.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
11.2.4 If the event outside of Our control continues for more than 1 month We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;
11.2.5 If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to cancel under sub-Clause 5.4 above.
12 COMMUNICATION AND CONTACT DETAILS
12.1 If you wish to contact Us, you may do so by telephone at +44 7528940540 or by email via firstname.lastname@example.org.
12.2 In certain circumstances you must contact Us in writing (when cancelling an Order, for example). When contacting Us in writing you may use the following methods:
12.2.2 Contact Us by pre-paid post at Evalu18 Ltd, TBC.
13 COMPLAINTS AND FEEDBACK
13.1 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.
13.2 If you wish to complain about any aspect of your dealings with Us, please contact Us in writing, using one of the following methods:
13.2.1 In writing, addressed to The Customer Services Manager using the above email or postal address;
13.2.2 By email, addressed to The Customer Services Manager at the address shown above;
14 HOW WE USE YOUR PERSONAL INFORMATION (DATA PROTECTION)
15 OTHER IMPORTANT TERMS
15.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if 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.
15.2 You may not transfer (assign) your other obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission. Please note, however, that you can transfer the benefit of the extended return period (guarantee) in Clause 9 without our consent.
15.3 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 (except the benefit of the extended return period (guarantee) in Clause 9).
15.4 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) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
15.5 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.
16 ALTERNATIVE DISPUTE RESOLUTION
16.1 Alternative dispute resolution or ‘ADR’ refers to ways of resolving disputes between a consumer and a trader without going to court.
16.2 Our ADR process will be handled by a representative nominated by the President of the Council of Arbitrators in the United Kingdom.
16.3 Any costs of arbitration will be split between You and Us for dealing with your complaint, and you may still bring legal proceedings if you are not satisfied with the outcome of the ADR.
17 GOVERNING LAW AND JURISDICTION
17.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales.
17.2 As a Consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 17.1 above takes away or reduces your rights as a Consumer to rely on those provisions.
17.3 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England.
17.4 These Terms of Business were last updated on 1st June 2020.