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| IN THESE TERMS :- |
"Goods" means the product printed or other products manufactured or supplied by Cherillian Print Presentation Services and the subject of the order made by You "You" and "Your" means the person ordering Goods from Cherillian "Cherillian Print Presentation Services" or "We" or "Us" or "Our" means Cherillian Print Presentation Services trading as Cherillian Print Presentation Services whose registered office is at 52 Green Lane, Sale, Manchester, M33 5PG.
We reserve the right to modify these terms and conditions at any time and supersede all previous terms and conditions published on this site.
1. OUR CONTRACT
Our site invites You to buy Goods from Us. A legally binding contract with You will only arise once Cherillian Print Presentation Services has received payment for the Goods in full from You and has notified You of acceptance of Your order by e-mail to the e-mail address given by You in the order form.
2.1 The price for any Goods ordered by You will be the price given to You from the quotation system within our site or from one of our sales team and confirmed in the confirmation page generated after You place Your order and to the e-mail address supplied by You and will include all taxes applicable from time to time. As per our quotation system, You are required to choose the size that correctly corresponds to the exact width and/or height measurements that You have entered. Failure to select the correct size(s) will result in an incorrect price being displayed and subsequently charged for should You continue with the checkout procedure. Cherillian Print Presentation Services cannot take any responsibility for You failing to make such a selection. We therefore reserve the right to cancel or amend the price to the correct charge for Your order and request further payment before the manufacture of such goods can take place. Should You wish to cancel Your order upon notification that such an amendment is required it will be subject to our clause in section 3.1.
2.2 In addition to the price a delivery charge may be payable in respect of deliveries made to locations within the UK mainland. The delivery charge will be that shown on the confirmation page and e-mail sent to You. If there is any change in the delivery charge payable We will notify You before Your order is accepted by Us and ask You to confirm that You wish to proceed with Your order.
3. CANCELLATION OF YOUR ORDER
3.1 You cannot change or cancel Your order if the Goods You have ordered are manufactured, measured or custom-made to Your requirements or specifications as these Goods will not be resaleable by Us. We regret that once Your order has been accepted by Us in relation to such Goods and entered on Our manufacturing process We are unable to accept any changes to these Goods or cancellation of Your order. If prior to delivery You do wish to change Your order or cancel it after We have accepted it, and it has not already been entered on Our manufacturing system, please contact Us as soon as possible by e-mail or via telephone and We will try to assist You. Our acceptance of cancellation of Your order if it has not already been put into production will be subject to retention by Us of a handling charge equal to 30% of the price paid for these custom-made Goods. The balance of the price paid will be reimbursed to You within 30 days of notification of cancellation by recrediting You through Your payment method when order was placed.
3.2 We cannot accept the return of goods supplied by us as the goods will not be suitable for resale by us. Your statutory right to cancel in terms of Regulation 10 of the Consumer Protection (Distance Selling) Regulations 2000 (“DSR 2000”) is hereby excluded in accordance with the provisions of Regulation 13(c) of DSR 2000, and You will not be entitled to return goods to us unless there is a fault with the product.
4. PRODUCT DESCRIPTIONS, MEASUREMENT AND AFTERCARE
4.1 The product information and photographs contained within Our web-site are provided for illustrative purposes only and We cannot warrant that they are accurate. If You are in any doubt as to the precise nature of the product You wish to order, You are advised to telephone us prior to placing Your order.
4.2 As the Goods which You order are manufactured according to the measurements You provide in Your order it is very important that Your measurements are accurate. We cannot accept the return of the Goods by reason of the measurements provided being incorrect.
4.3 Whilst every attempt will be made by Cherillian Print Presentation Services to ensure that the Goods sold and delivered match in every respect any sample or description shown or given or sent to You, any minor or immaterial variation or change in colour or pattern between the description and the goods delivered shall not entitle You to reject the Goods nor to claim any compensation for such variation or change.
4.4 The Colour settings and the type of Your computer monitor that You use to view Your image, have an influence in the perception of how Your image should look. You should be aware that unless Your computer monitor's colour settings have been calibrated professionally, they may look different to the final print supplied by us. As We cannot guarantee the accuracy of Your monitor, We will not accept colour reproduction including brightness or contrast as a valid reason for return.
4.5 If You have any questions about colour management, please feel free to call us. We will endeavour to 'correct' any obvious density or colour imbalances. All files are sent to us on the understanding that our interpretation on reproductions are final and not open to further interpretation.
4.6 If it’s the overall sharpness and detail of Your images that’s poor, it’s probably because of the resolution. Generally the bigger the original file the better it will look when printed. So enlarge a relatively small file and You will soon notice the quality deteriorate. To avoid inferior print quality we’ll warn You at the time of ordering if there’s a quality issue. For optimum print quality, ideally all files are to be sized to Your required image size, at a resolution of 300dpi. Should You require our technicians to do this for You, Your files are to be sent onto us in their full file size. Our technicians will take care of this for You, cropping accordingly, on the understanding that our interpretation on cropping is final and not open to further interpretation.
4.7 Many of our larger products are very heavy, care should be taken when lifting them and when selecting the place to hang them. Ensure that You use suitable weight bearing fixings for the type of wall that You intend to hang the print onto. Seek advice from a professional tradesperson should You be unsure of the type of wall fixing You need. We will not accept responsibility for damage to the print or any third party property or persons, caused by insufficient fixings used to hang Your print.
4.8 At Cherillian Print Presentation Services We pride ourselves in the Quality of our products. Having had 26 years experience within a Quality approved organization We have the knowledge and experience to provide our customers with a high quality service. Cherillian Print Presentation Services strives to provide innovative high quality products and services to our customers by attaining a keen understanding of their needs and requirements. We value feedback and reviews which are monitored and analysed to ensure We continue to provide the best quality and service to our customers.
5. DELIVERING YOUR GOODS
5.1 Cherillian Print Presentation Services will dispatch Your goods to the address You have provided on the order form. After receipt of payment Your order will be prepared for dispatch within 5 working days. Delivery time will be 2-4 working days and although We will endeavour to deliver on time We can accept no responsibility for courier delays subject to our clause 5.8.
5.2 Ownership of, and risk in, the Goods will pass to You once they have been delivered to You. If You return the Goods following clause 6.2, ownership of, and risk in the Goods returned will pass to Us on receipt of them by Us.
5.3 All goods leave our premises in perfect condition. Once the goods have been accepted by the National Courier into their possession in order to fulfil their contractual obligation to delivery them to You, We are no longer responsible, and therefore accept no liability, for the condition in which the goods are delivered to and accepted by You should they become damaged during transit. We do however ensure that there is a suitable level of insurance taken out against damage for each consignment but it is the responsibility of You to notify Us of any damage in order that We can instigate any insurance claim with the National Courier.
5.4 Your goods are dispatched to You via a National Courier, upon arrival You are required to open and inspect the goods for signs of damage, if there is any damage to the goods, You MUST sign the drivers delivery slip "GOODS DAMAGED" and inform us immediately of the damage concerned. If You do not have the time to inspect the goods then the slip must be signed "PACKAGING MARKED, GOODS UNINSPECTED". Failure to follow these instructions may result in the products ordered from Us not being replaced.
5.5 If You do find the packaging or goods damaged You MUST inform us immediately by phone (0161 905 3282) or email (info@Cherillian.co.uk). Any loss or damage MUST be reported to us within 48 hours of dispatch.
5.6 Once We have notified You that Your order is ready to be dispatched and You have been informed of a delivery date, it is Your responsibility to ensure that You are able to take delivery of Your Goods. Should You arrange an alternative date for Your Goods to be redelivered or Goods are returned to Us due to You not being available to take delivery of Your Goods on the agreed delivery date, You will be responsible for paying any further delivery costs in order to re-dispatch Your Goods to You or costs for the Goods to be returned to Us.
5.7 No liability under clause 5 shall arise unless the price and the delivery charge has been paid in full on or before delivery.
5.8 We will ensure that the appropriate delivery service is notified to the National Courier. e.g. overnight next day. 24 or 48 hours. However, We accept no responsibility for the timing of Your delivery if the courier company fail to deliver Your goods within the specified time frame of the service for which We have paid.
6. DEFECTIVE GOODS
6.1 Cherillian Print Presentation Services warrants that all Goods sold to You will be free from defects in material and workmanship.
6.2 If Your Goods are defective on delivery and providing You have first contacted Us via firstname.lastname@example.org , telephone or in writing at the address set out above, giving Us details of the defects and any proof of damage e.g. photograph or following clause in section 5.4 within 48 hours and providing We have agreed that the Goods should be replaced We will arrange return of the product and endeavour to resend Your order free of charge.
6.3 Except where You are a consumer, Cherillian Print Presentation Services will not be liable for any indirect or consequential loss or damage or loss of profits arising out of Our supply or failure to supply the Goods to You.
6.4 Except where You are acting as a consumer all other warranties, conditions and terms relating to fitness for purpose, satisfactory quality or conditions of the Goods whether implied by statute or common law or otherwise are excluded to fullest extent of the law.
Any refund that We have agreed to make will be issued within 10 days of the refund agreement.
8. USE OF CARDS
By placing an order You authorise Cherillian Print Presentation Services at its discretion to carry out a credit reference or other enquiry upon Your financial status as Cherillian Print Presentation Services thinks fit and You agree to provide such written authorizations which may be required for the purposes of such enquiry. In the absence of such authorization We will be unable to process Your order.
No statement, description, or recommendation contained in any product, price list, advertisement, communication, and the pages of this web-site or by any employee or agent of Cherillian Print Presentation Services shall be interpreted so as to enlarge, vary or override in any way any of these terms and conditions.
10. EVENTS BEYOND OUR CONTROL
We shall have no liability to You for any failure to deliver Goods You have ordered or for any delay in doing so or for any change of the specified delivery date or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond Our reasonable control including, without limitation, third party default, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these terms and conditions is unenforceable (including any provision in which We exclude Our liability to You) the enforceability of any other part of these conditions will not be affected.
12.1 Here at Cherillian Print Presentation Services We fully respect Your right to privacy as laid out in the Data Protection Act 1998. Our policies are:
12.2 Consent and choice: To respect the purpose for which You give us information. We will give You choice and consent over how Your personal information is used and will remove Your details upon request.
12.3 Using information: To use personal information for three general purposes only. Firstly to customise the advertising and content that You see, secondly to fulfil Your requests for Our products and services and thirdly to contact You with relevant news or information if You have requested it.
12.4 Third party usage: Not to sell, rent or loan Our lists to any third party for email marketing purposes. We may from time to time sell advertising space within Our email publications but only where it is relevant to information You have already requested.
12.5 Unsubscriptions: Only to send Our news or relevant information to You if You request it and immediately unsubscribe You should You request it. We will make it as easy as possible for You to unsubscribe if You want to and will always clearly explain how to do this.
12.6 Security: To store subscriber and password files in a secure manner. We store this information in areas that are inaccessible to web-browsers on secure servers.
12.8 If You are unsure about any of these issues then do not hesitate to contact us.
13. THIRD PARTY RIGHTS
Except for Our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
14. GOVERNING LAW
This contract is subject to English law and the exclusive jurisdiction of the English courts.
The client is solely responsible for the contents of transferred image data. We assume that the client possesses the necessary copyrights, trademark rights or other rights for all works, files and images that are transferred. In case of infringement of those rights, the client is obligated to indemnify Cherillian Print Presentation Services from any claims that might be issued by third parties. This is strictly ensured by liability assumption versus the claimant. If the claimant does not approve the liability assumption the client will indemnify Cherillian Print Presentation Services from all claims. In this case the client will support Cherillian Print Presentation Services in the defence of such claims. The client bears all incidental expenses (e.g. court and lawyer costs, fines, etc.).