TERMS & CONDITIONS
Fantasy Prints Ownership
The Fantasy Prints shop, online shop, FP Uniformz and unit are owned and operated by Fantasy Prints Ltd. (Hereafter referred to as just ‘Fantasy Prints’)
2. Price Variation
Price estimates are based on Fantasy Prints’ current costs of production and, unless otherwise agreed, are subject to amendment on or at any time after acceptance, where such amendment is required in order to meet any rise or fall in such costs.
Fantasy Prints reserve the right to charge the amount of any value added tax payable whether or not included on the estimate or invoice.
4. Preliminary Work
All work carried out, whether experimentally or otherwise, at customer’s request shall be chargeable.
Where any additional work of whatever nature is necessary as a result of copy supplied by a customer not being clear and/or legible, Fantasy Prints shall be entitled to make additional charges on a time and materials basis to cover such additional work.
Proofs of all work may be submitted for customer’s approval and Fantasy Prints shall incur no liability for any errors not corrected by the customer in proofs so submitted. Additional charges shall be made for any additional proofs that are required as a result of alterations required by the customer. When style, type or layout is left to our discretion, any subsequent changes to such style, type or layout required by the customer shall be subject to additional charges on a time and materials basis.
6a. Colour Accuracy
Whilst our machines are calibrated on a regular basis, Fantasy Prints cannot be held liable for any colour variation which are within manufacturer specification.
6b. Print Registration
Whilst every effort is made to ensure front to back registration is as accurate as possible, Fantasy Prints cannot be held responsible for any which occur within manufacturers specification.
· Unless negotiated and agreed in writing, the copyright of general artwork, commissioned artwork and illustrations and anything else whatsoever prepared, developed or created by Fantasy Prints shall vest in and belong to Fantasy Prints. Fantasy Prints may use any artwork or printing produced by itself for the purposes of promoting itself. The customer shall be responsible for obtaining all necessary authorities and consents to reproduce pictures, artwork, photographs, copyright text and/or any other reproducible materials (“Materials”) prior to instructing Fantasy Prints to reproduce the same. The customer shall indemnify and hold the Fantasy Prints harmless against all claims, demands, actions, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of any claim (including but not limited to the defence of such claim) that the reproduction of the Materials by the Fantasy Prints infringes the intellectual property or other rights of any third party or misuses the confidential information of a third party.
· All design, text, illustrations, graphics, photographs, diagrams, drawings, logos and the selection and arrangement thereof, and all source code and all other material content of any Website owned, controlled or operated by Fantasy Prints are the intellectual property of Fantasy Prints or its content providers and as between Fantasy Prints and the customer all intellectual property rights (including all copyright) arising out of or connected with such content shall belong to Fantasy Prints. No reproduction of any part is allowed without written permission
8. Force Majeure
Fantasy Prints shall be under no liability if it shall be unable to perform any obligation which is owed by it to the customer for any reason beyond his control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract.
9. Delivery & Payment
Delivery will normally be made within 7-10 working days from confirmation of order (and receipt of artwork) to all UK mainland addresses. Some remote addresses and Islands may require a few extra days. Fantasy Prints Ltd can accept no responsibility for delays beyond their control
Unless with prior agreement from Fantasy Prints Ltd, payment is to be made in full at the time of placing the order
10. Claims and Returns
Items that are faulty or need to be exchanged must be returned to us within 14 days of receipt. Items for exchange must be in their original condition "as new" with their original packaging. We are unable to accept returns of any product that has been printed with a design or logo unless the product is faulty. In the event of returned items, the customer is liable for the cost of returning all goods.
If you return an item because of an error on our part, or because it is defective, we will happily refund the full value of the item and your costs in returning it to us.
By the very individual nature of printed products, they cannot be re-sold, and therefore we cannot accept returns if you have a change of mind.
We regret that postage and packing costs for unwanted items cannot be refunded. Even if you have qualified for free delivery when placing your order, a postage and packing charge of £1.25 per item will be levied on unwanted items and deducted from any refund given.
• You have a duty to return the item to us and the cost of doing so is your responsibility, except if the item is faulty or does not comply with the contract.
• The parcel can take up to 7 working days to be returned to our Unit, unless sent via special delivery
Fantasy Prints give no warranties or guarantees or makes any representations as to the merchantability or fitness for a particular purpose of any completed work the subject of a customer’s order and all other warranties, conditions, guarantees or representations, whether express or implied, oral or in writing, except as expressly stated in these terms and conditions are hereby excluded. Fantasy Prints shall not be liable for any loss arising from delay in transit not caused by Fantasy Prints. Further, Fantasy Prints shall not be liable for any indirect, special or consequential damages, loss of profits, economic loss, loss of goodwill or loss of anticipated savings or loss of data. The total aggregate liability of Fantasy Prints in respect of any and all causes of action arising out of or in connection with the customer’s order and Fantasy Prints performance of services pursuant to such order (whether for breach of contract, strict liability, tort (including, without limitation, negligence), misrepresentation or otherwise) shall (subject to the provisions of paragraph 10) be limited to the sums paid to the printing.com reseller by the customer in respect of the order pursuant to which liability has arisen. Nothing in these terms and conditions shall be construed so as to limit or exclude liability which cannot, pursuant to English Law, be excluded or limited including for death or personal injury or liability in respect of fraud or fraudulent misrepresentation.
12. Customer’s Property
The customer’s property and all property supplied to Fantasy Prints by or on behalf of the customer shall (while it is in the possession of the Fantasy Prints or in transit to or from the customer) be deemed to be at customer’s risk unless otherwise agreed and the customer should insure such property accordingly.
13. Materials Supplied by the Customer
Fantasy Prints may reject any paper, plates or other materials supplied or specified by the customer which it considers to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged except that if the whole or any part of such additional cost could have been avoided but for unreasonable delay by the Fantasy Prints in ascertaining the unsuitability of the materials then that amount shall not be charged to the customer.
· Fantasy Prints shall have no liability in respect of any work being of less than reasonably satisfactory quality as a result of defects in or the unsuitability of materials supplied or specified by the customer.
· Fantasy Prints shall assume that quantities of materials supplied shall be adequate to cover normal spoilage accordingly if the quantities of materials supplied are not sufficient to cover normal spoilage (“an Insufficient Supply”) then Fantasy Prints shall have no liability for any shortfall in quantity to the extent that such shortfall arises as a result of such Insufficient Supply.
14. Credit Terms and Payment
For invoices not settled within the agreed credit terms or for payments returned unpaid (such as cheques, credit cards or similar), the Fantasy Prints reserve the right to charge interest on the overdue debt at 2% above the HSBC base rate at the time and an administration fee to cover its debt recovery costs and any other costs relating to the collection of payment.
If the customer ceases to pay its debts in the ordinary course of business or cannot pay its 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 it, the printing.com reseller without prejudice to other remedies shall (i) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to the printing.com reseller, and (ii) in respect of all unpaid debts due from the customer have a general lien on all goods and property in the printing.com reseller’s ’s possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as the printing.com reseller thinks fit and to apply the proceeds towards such debts.
16. Illegal Matter
· Fantasy Prints shall not be required to print any matter which in its opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights or any third party.
· Without prejudice to paragraph 7 above, the customer shall indemnify and hold Fantasy Prints harmless against all claims, demands, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of the work it is required to produce pursuant to a customer order being or alleged to be defamatory.
17. Full Colour Printing
All reasonable efforts shall be made to obtain the best possible colour reproduction on customer’s work but variation is inherent in the print process and it is understood and accepted as reasonable that, Fantasy Prints shall not be required to guarantee an exact match in colour or texture between the customer’s photograph, transparency, proof, electronic graphic file, previously printed matter (whether printed by Fantasy Prints or other party) or any other materials supplied by the customer and the printed article the subject of the customer’s order.
18. Data Protection
By placing an order with Fantasy Prints, the customer consents to its details being passed on to Fantasy Prints for accounting and marketing purposes. The details will be kept by Fantasy Prints even after the customer’s trading relationship with Fantasy Prints has terminated. Fantasy Prints may use the customer’s personal data to let customers know about goods and services similar to the goods or services provided to the customer previously and any others matters that Fantasy Prints consider may be of interest to customers.
19. Company Imprint
Unless otherwise specifically requested in writing any work may carry the Fantasy Prints imprint which will be positioned at our discretion.
20. Variation to Terms and Conditions
These terms and conditions may be amended from time to time. The latest version of these terms and conditions may be accessed via the Website.
These terms and conditions and all other express terms of the contract with customers shall be governed and construed in accordance with English law. English Courts shall have jurisdiction in relation to any matters arising in connection with any contract between Fantasy Prints and the customer into which these terms are incorporated.
This contract was made in Berwick-Upon-Tweed, Northumberland, England.