Terms and Conditions
1.1 “Buyer” means the person who buys or agrees to buy the goods from the Seller.
1.2 “Conditions” means the terms and conditions of business set out in this document and any special terms and conditions agreed in writing by the Seller.
1.3 “Date of Function” means the date the function or event will take place.
1.4 “Goods” means the articles which the Buyer agreed to buy from the Seller.
1.5 “Price” means the price for the Goods excluding VAT and carriage.
1.6 “Seller” means Bigday Designs Limited of The Haystack Press, 6A Northbridge Road, Berkhamsted, Herts HP4 1EH
1.7 “Trade Client” means a Buyer who is usually requesting Goods on another’s behalf and will request Credit Facilities.
1.8 “Credit Facilities” means agreed extended terms for payment by the Buyer.
1.9 “Acceptance Email” means an email which says that the Buyer is in agreement with the Seller’s Terms and Conditions and Privacy Notice.
1.10 “Plate” or “Block” means the aluminium or magnesium-based inscribed metal, specially made for particular embossing, debossing or foiling needed to produce some Goods.
1.11 “Property” means any items supplied by the Buyer to the Seller to assist with the production of the Goods.
1.12 “CMYK” means the subtractive colour model used in the printing trade by use of four inks, Cyan, Magenta, Yellow and Key (Black).
1.13 “Carrier” means the company that makes the delivery of Goods to the Buyer.
2. Conditions Applicable
2.1 These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order or similar document.
2.2 All orders for Goods shall be deemed to be an oﬀer by the Buyer to purchase Goods pursuant to these conditions.
2.3 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3. The Price and Payment
3.1 The Price shall be the price set out as agreed between the Seller and the Buyer.
3.2 The Price agreed is exclusive of VAT and carriage costs. VAT and carriage will be detailed on the invoice.
3.3 Non-Trade Buyers will pay a deposit of fifty percent of the cost of the Goods when they place the order to show commitment to the Seller and the remainder of the cost of the Goods will then be paid at delivery time, prior to the actual delivery of the Goods.
3.4 By paying a deposit the Buyer is deemed to be agreeing to these Terms and Conditions.
3.5 When the Buyer is a Trade Client, the Buyer will demonstrate acceptance of these Terms and Conditions by returning an Acceptance Email to the Seller prior to the first order of Goods from that Buyer.
3.6 Trade Clients will be considered for Credit Facilities after successful payment of three orders for Goods.
3.7 In the event of a cancellation or part-cancellation by the Buyer or quantities being reduced by twenty percent or more, the following cancellation charges will apply: - if cancelled more than twelve weeks before the date of the function, fifty percent - if cancelled more than two weeks before the date of the function, seventy-five percent - if cancelled less than two weeks before the date of the function or if production has started, one hundred percent.
3.8 All cancellations must be made in writing.
3.9 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of six percent above HSBC Bank base rate from time to time in force and shall accrue at such a rate after as well as before any judgement. All additional costs incurred in collecting the debt will be recovered from the Buyer including the cost of instructing solicitors, appointing collection agents and general communication from the Seller.
3.10 When a proof has been created for the Buyer and the Buyer has emailed to accept that proof, then any later proof requests or alterations will be chargeable to the Buyer.
3.11 When the Buyer passes responsibility for proofing to the Seller, the Seller shall not be responsible for any errors or omissions made by the Buyer in the original draft or copy.
3.12 Preliminary work carried out at the Buyer’s request (except for one sample) will be chargeable, unless agreed in advance by the Seller.
3.13 Trade Buyers will be expected to pay in line with the credit facilities, if agreed with the Seller. If no credit facilities are agreed then payment must be made before delivery of Goods.
4. The Goods and Materials
4.1 The quantity and description of the Goods shall be detailed by the Seller for the Buyer in an email.
4.2 The Seller may reject materials supplied or specified by the Buyer which appear to be unsuitable or which are found to be unsuitable during production and the Seller reserves the right to charge for any additional costs incurred.
4.3 Materials used in the production of the Goods including Blocks or Plates remain the exclusive property of the Seller.
4.4 Materials supplied by the Buyer remain the Buyer’s property.
4.5 All Property supplied to the Seller by or on behalf of the Buyer, shall be at the Buyer’s risk whilst in the possession of the Seller or in transit. The Buyer shall be responsible for maintaining any necessary insurances.
4.6 Whilst every effort will be made by the Seller to complete the Goods in the time required by the Buyer, the Seller accepts no responsibility for any losses, costs or expenses incurred by the Buyer in the event of delayed completion which is not caused by the Seller.
4.7 The Seller shall not be liable for any losses including consequential losses incurred by the Buyer arising from a delay in transit. All delivery times are given as estimates only.
4.8 The Seller shall be under no liability if unable to carry out any provision of the supply of the Goods for any reason beyond their control. In this situation the Buyer may by written notice to the Seller elect to terminate the agreement for the Goods and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.
4.9 The Seller cannot be held responsible for any colour variations in the CMYK printing process, unless a specific hard copy example of the colour required is provided with clear current instructions to match.
4.10 Any complaint regarding quality of Goods, quantities delivered or non-delivery must be made immediately and then followed up with a written copy within seven days.
4.11 The Seller shall not be required to print any matter which in their opinion is, or may be of a libellous nature or which infringes the proprietary or other rights of any third party.
4.12 The Seller shall be indemnified by the Buyer in respect of any claims, costs and expenses arising out of any libellous matter, or any infringement of copyright, payment design or any other proprietary or personal rights contained in any Goods printed for the Buyer.
5. Warranties and Liabilities
5.1 The Seller warrants that the bulk of the Goods will at the time of delivery correspond to the description given by the Seller. Save that all sizes quoted are approximate and may vary from proofs or samples and the Seller may from time to time make changes in the speciﬁcation of the Goods which do not materially aﬀect the quality or ﬁtness for purpose of the Goods. Except where the Buyer is dealing as a consumer (as deﬁned in the Unfair Contract Terms Act 1977 Section 12) all other warranties, conditions or terms relating to ﬁtness for purpose, quality or condition of the Goods and whether implied by statute or common law or otherwise are excluded.
5.2 The Seller shall be under no liability whatever to the Buyer for any indirect loss and/expenses (including loss of proﬁt) suﬀered by the Buyer arising out of a breach by the Seller of this Contract.
6. Delivery of the Goods
6.1 The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
6.2 If delivery to the Buyer’s address is requested then the Buyer will be invoiced for Carrier or postal charges incurred. Where such delivery is requested then delivery will be deemed to have taken place when the Seller passes Goods to the Carrier.
6.3 The Buyer shall take delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either greater or less than the quantity purchased. Resolution of any discrepancies will then be made by discussion between the Buyer and the Seller.
7. Acceptance of Goods
7.1 The Buyer shall be deemed to have accepted Goods twenty-four hours after Delivery to the Buyer.
7.2 After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with this contract.
8. Title and Risk
8.1 Title to the Goods shall pass on payment for said Goods.
8.2 The Goods shall be at the Buyer’s risk as from Delivery.
9. Remedies of Buyer
9.1 Where the Buyer rejects any Goods for no valid reason, then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conﬁrm to the contract of sale (in the Buyer’s opinion).
9.2 Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of those Goods.
9.3 The Seller shall not be liable to the Buyer for late delivery of the Goods.
10. Intellectual Property
10.1 The Seller retains all copyright trademarks and all intellectual property in the Goods and no right or licence is granted under this contract of sale to the Buyer except the right to use the Goods.
11. General Data Protection
11.1 The Seller is fully compliant with the GDPR (May 25th 2018).
11.3 All personal data supplied to the Seller by the Buyer will therefore be handled sensitively within the guidelines provided for compliance with GDPR.
11.5 Please see the Bigday Designs Privacy Notice by viewing this on our web-site at www.bigdaydesigns.co.uk , email the Bigday Designs Office at info @bigdaydesigns.co.uk or contact the head office and request a copy of the Notice by calling 01442 828100.
If the Customer ceases to pay his debts in the ordinary course of business or cannot pay his debts as they become due or being a company is deemed to be unable to pay its debts or has a winding up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him, the Seller without prejudice to other remedies shall:-
(a) have the right not to proceed further with the contract or any other work for the Buyer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the Buyer, such charge to be immediate debt due to the Seller and
(b) in respect of all unpaid debts due from the Buyer have a general lien on all goods and property in the Seller’s possession (whether worked on or not) and shall be entitled on the expiration of fourteen days notice to dispose of such goods or property in such manner and at such price as the Seller thinks fit and to apply the proceeds towards such debt.
13. Proper Law of Contract
These Terms and Conditions shall be governed and construed in accordance with the laws of England and Wales.