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Terms and Conditions of Sale

This initial notice is important -  please read.

This is the easy to read summary.  Full Terms Begin below at item 1.

ALL our products are custom made to the order specification (custom size, custom text, lettering etc) therefore these products cannot be returned unless the product is faulty or we have made an error, so it is important to check your order.  This does not affect your statutory rights.  

You have a short window (2 hours) after placing your order to contact us if you have made a mistake.  If the order has not been made, we will hold the order until the order is revised, if it has been made, we cannot cancel it. 

As a result, always check that what you have ordered is correct, and is what you are expecting to receive.  Check letter heights, colours and spelling of any custom designs.  We will gladly provide a bespoke proof to your requirements upon request, if you are in doubt or you are unsure of your order in any way, please ask.  We would rather have several conversations before you order and have you receive exactly what you require.

When using the Lettering designer, please take note of the Letter Height Guide - and remember the overall length is only a rough guide and is not exact.

If you provide us with any artwork, photographs or drawings etc, you acknowledge that you have permission to reproduce the work and have the rights to do so.

In the unlikely event that a product is supplied incorrectly or is faulty, we will replace the product without charge. 

As a guide, we aim to post out orders with 2 - 5 working days. As it is dependant on our current order queue at the time of your purchase, it is best to contact us before ordering if you require the order for a certain date beforehand and we will try to accommodate this.

Also, to clarify that we accept no responsibility to surfaces damaged as a result of applying vinyl decals.  Damage can occur on unsound painted surfaces, including surfaces that are not painted by a professional registered company,  including base coats, or on paint surfaces that are damaged, chipped, scratched or affected by contaminants.  If in doubt, we recommend you obtain a sample from us and test accordingly, however, you should still be aware that the area you are applying to can still react differently to the area you test on.

We hope that you appreciate our summary, our overall aim is for you to be 100% happy with your purchase. 

 

Full Terms and Conditions;-

 1. Interpretation

 1.1 In these Conditions:

“Buyer” means the person whose order for Goods and/or Services is accepted by the Seller.
“Conditions” means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and Seller.

 “Contract” means the contract for the purchase and sale of Goods and/or supply of Services.

 “Goods” means the goods which the Seller sells to the Buyer under these Conditions.

 “Order Confirmation” means the acknowledgment of the Quotation provided by the Seller to the Buyer whether written or oral.

 “Quotation” means the quotation for the Goods and Services provided to the Buyer by the Seller whether written or oral.

 “Seller” means the Vinyl Cut Graphics business, details of which are given in the Quotation and/or whose details have been provided to the Buyer either in writing or orally.

 “Services” means any services provided to the Buyer (including all of them or any part of them) under a Contract.

  1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time.

  1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.

 2. Making the Contract

 2.1 Each Quotation will be deemed to be an offer by the Buyer to buy the Goods and/or Services in accordance with these Conditions. The Contract is made when the Quotation is accepted by the Seller by the issue to the Buyer of an Order Confirmation. The Contract will not be made until an Order Confirmation has been issued by the Seller or the Seller commences provision of the Goods and/or Services.

2.2 The Contract is subject to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions and all previous oral or written representations made by the Seller but subject to the provisions of Condition 2.3.

2.3 No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and Seller.

2.4 The Buyer must ensure that the terms of the Quotation and any applicable specification are complete and accurate. If the Buyer wishes to amend any aspect of the information the Buyer has given it must contact the Seller immediately. Although the Seller will use reasonable endeavors to implement any such amendment which the Buyer requests, the Seller cannot guarantee that it will be able to do so after the Order Confirmation has been issued. If such amendment changes any other aspect of the Quotation (for example the price) and the Seller is able and willing to amend it, then the Seller will send the Buyer a new Order Confirmation.

2.5 All Quotations are, unless agreed otherwise in writing, valid for 30 days only or until earlier acceptance by the Buyer after which time they may be altered by the Seller without giving notice to the Buyer.

2.6 Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application, suitability or fitness for purpose for use of the Goods which is not confirmed in writing by the Seller is followed or acted upon entirely at the Buyer’s own risk, and accordingly the Seller shall not be liable for any such advice or recommendations which are not so confirmed.

3. Provision of the Goods and Services

3.1 The quantity, quality and description of and any specification for the Goods and Services shall be those set out in the Quotation. It is the obligation of the Buyer to prepare surfaces to which the Goods may be applied so that they are suitable for such application.

3.2 If the Goods are manufactured or any process is applied to the Goods by the Seller in accordance with a specification submitted by the Buyer whether in writing or otherwise the Buyer shall indemnify the Seller against all loss damages costs and expenses awarded against or incurred by the Seller in connection with or paid or agreed to be paid by the Seller in settlement of any claim for infringement of any patent copyright design trade mark (whether registered or not) or other industrial or intellectual property rights of any third party which results from the Seller’s use of any or all of the Buyer’s specification.

3.3 The Seller reserves the right to make any changes in the specification of the Goods and/or Services which are required to conform with any applicable legal or regulatory requirements (including but not limited to safety requirements) or which do not materially affect their quality or performance.

3.4 Cooling Off Period,  All goods are custom-made to order, therefore any order which has been accepted by the Seller may not be cancelled by the Buyer except with the agreement in writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit) costs (including the cost of all labour and materials used) damage charges and expenses incurred by the Seller as a result of cancellation.  If the Buyer contacts the Seller promptly after placing the order the Seller will consider the Buyers request in good faith based upon the manufacturing status of the order.

3.5 Where a Quotation is based upon information supplied by the Buyer the Buyer is responsible for its accuracy and any increased costs of supply resulting in any inaccuracy are the Buyer’s responsibility.

3.6 All samples, drawings, descriptions, specifications, illustrations and advertising issued by the Seller or contained in any of the Seller’s catalogues or brochures or on any website connected with the Seller (together “Samples”) are issued or published for the sole purpose of giving an approximate idea of the Goods represented by or described in them. Samples do not form part of the Contract this is not a sale by sample.

3.7 At the request of the Buyer and at its cost, and at the sole discretion of the Seller, the Seller may remove materials (including but not limited to old signage) from the premises of the Buyer.

3.8 The Seller requires the Buyer, prior to the provision of the Goods and/or Services, to obtain any necessary consents and approval to:

3.8.1 The installation and/or application of the Goods, including but not limited to any planning and/or landlord consents; 

3.8.2 the use of any logo, trade mark or design required for the Goods (included but not limited to the right to use the copyright and any other intellectual property rights in such logo, trade marks, and design).

3.9 All intellectual property rights (including but not limited to copyright) arising from the creation of Goods by the Seller shall remain the property of the Seller and the Buyer shall not copy or reproduce the Goods without the prior written consent of the Seller.

4. Price of the Goods

4.1 The price of the Goods and Services shall be the price set out in the Order Confirmation or (where the price is not referred to in the Order Confirmation) as set out in the Quotation, or (where no price has been quoted or a quoted price is no longer valid) the price calculated by the Seller from its normal price list from time to time.

4.2 The Seller reserves the right to increase the price of the Goods and/or Services to cover:

4.2.1 any increase in the cost to the Seller which is due to any factor beyond the  control of the Seller (such as without limitation any foreign exchange fluctuation currency regulation, alteration of duties, significant increases in the costs of labour, materials, or other costs of manufacture);

4.2.2 any change in delivery dates quantities or specification of the Goods and Services which are requested by the Buyer;

4.2.3 any delay caused by any instruction of the Buyer or failure of the Buyer to give the Seller adequate information or instructions;

4.2.4 the costs of additional work carried out by the Seller to be able to perform the Services (including but not limited to the preparation of surfaces to which Goods are to be applied and the disposal of materials at the request of the Buyer);

4.2.5 to comply with any requirements referred to in Conditions 2.4, 3.5 and 3.7.

4.3 except as otherwise expressly set out in the Contract all prices are given by the Seller exclusive of:

4.3.1 packaging and delivery of the Goods to the Buyer’s premises; and

4.3.2 any applicable value added tax or other applicable sales tax or duty and such sums shall be added to the price.

5. Terms of Payment

5.1 Subject to any special terms agreed in writing between the Buyer and the Seller the Buyer will make payment via the website at the checkout, Payments will be processed by a third party secure payment provider, chosen at checkout. Payment will be charged to your card at the point where the order is placed.  Upon completion of manufacture, the item(s) will be despatched to the Buyer.   If payment fails the order will be canceled and the contract between us.

5.2 Subject to Condition 5.3 below the Buyer shall pay the price of the Goods and/or the Services shall be paid for before delivery of the Goods and/or performance of the Services notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Buyer. The time of payment of the price shall be the essence of the Contract. Receipts for payment will only be issued on request by the Buyer.

5.3 If the Buyer fails to make any payment on the due date then without prejudice to any other right or remedy available to the Seller the Seller shall be entitled to

5.3.1 cancel the Contract or suspend further deliveries of Goods and/or provision of Services to the Buyer;

5.3.2 appropriate any payment made by the Buyer to such of the Goods (or the Goods supplied under any Contract between the Buyer and Seller) as the Seller think fit (not withstanding any purported appropriation by the Buyer); and

5.3.3 charge the Buyer interest (both before and after any judgement) on the amount unpaid at the rate of six per cent per annum above Barclays Bank plc base rate from time to time until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).

6. Delivery

6.1 We will deliver Goods for orders via a signed for service, to the address on the written order acknowledgment form issued by us (“Order Confirmation”. All delivery charges are detailed on our ‘Delivery Information’ page.

6.2 Any dates quoted for delivery of the Goods and/or provisions of the Services are approximate only and the Seller shall not be liable for any delay in delivery of the Goods and/or provision of the Services howsoever caused. Time for delivery and/or provisions shall not be of the essence unless previously agreed in writing by the Seller. The Goods may be delivered and/or the Services provided to the Buyer in advance of the quoted date upon giving reasonable notice to the Buyer.

6.3 If the Buyer fails to take delivery of the Goods or accept provision of the Services or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault) than without prejudice to any other right or remedy available to the Seller the Seller may

6.3.1 store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage or

6.3.2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.

6.4 The Seller may deliver the Goods by separate installments and perform any Services in stages. Each separate installment or stage will be invoiced and paid for in accordance with the provisions of this Contract.

6.5 Each installment or stage will be a separate Contract and, unless specifically set out in these Conditions, no cancellation or termination of any one Contract relating to an installment or stage will entitle the Buyer to repudiate or cancel any other Contract or installment or stage.

6.6 Once the order dispatch notification has been sent, your order should be with you within 7 working days for UK orders and within 14 working days for International orders.  If you do not receive your order within 7-14 days of receiving notification, then you should contact us.  We cannot accept claims for missing orders if you do not notify us within this time.

6.7 If an incorrect delivery address is supplied and the order is returned to us, the buyer will be responsible for re-delivery costs.

6.8 The seller cannot be held liable in any way for delay of delivery due to incorrect information supplied to us.

6.9  We may deliver the Goods by separate installments. Each separate installment will be invoiced and paid for in accordance with the provisions of the Terms and Conditions.

6.10 Deliveries will be made during normal business hours on any weekday on which banks in Scotland are open for business (“Working Day”).

6.11 Delivery of the Goods will be deemed to have taken place when they have been delivered to the destination stated on the order (“Delivery Destination”) and a signature on your behalf has been received in respect of the Goods.

6.14 The quantity of any consignment of Goods as recorded by us on despatch from our place of business will be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.

7. Risk and Property

7.1 Title to all Goods ordered by you will pass to you on delivery or collection provided we have received in cash or other cleared funds full payment of the price of the Goods agreed to be sold and until no other payments whatsoever will be due to us from you.

7.1.1 Risk in the Goods will pass to you when the Goods are delivered to the address in the Order Confirmation.

7.3 Until title in the Goods passes from us to you:

7.4 you will hold the Goods as our fiduciary agent and bailee, and will keep the Goods separate from all other goods in your possession, and will keep the Goods properly stored, protected and insured against all normal risks, and identified as our property, at your own cost; and

7.4.1 in the event of a liquidator or receiver being appointed, they will pay into a separate bank account any sums received from third parties in respect of the sales to them of Goods by you up to the amount of your indebtedness to us, for our sole benefit;

7.4.2 we will be entitled at any time to require you to deliver up the Goods to us, and if you fail to do so you grant to us, our agents and employees an irrevocable licence to enter any premises where the Goods are or may be stored in order to inspect them, or, where your right to possession has not crystallised or has terminated, to recover them; and

7.4.3 we are entitled to immediately enter the premises where the Goods are stored and repossess such Goods.

8. Damaged and Defected Goods
8.1. Upon delivery of the Goods you will promptly examine them. If any of the Goods ordered:

81.1. have been damaged in transit (unless you are responsible for transport); or

8.1.2. have been incorrectly shipped (unless this is due to incorrect ordering by you); or

8.1.3. are defective through faulty material or factory workmanship, 

You must notify us in writing (email vinylcutgraphics@gmail.com) within 2 days from the date of delivery of the relevant Goods (You will be deemed to have accepted such Goods if you fail to notify us within such period).

8.2. Upon receipt of the notice under condition 6.1, we will (if we consent to the return of such Goods) issue to you a returns number authorising the return of such Goods. The returns number will be valid for a period of 7 days from the date of issue.  We will not be obliged to accept the return of any such Goods without a returns number having first been obtained by you.

8.3. You will return all Goods at your cost, carriage paid and appropriately insured. Please obtain proof of posting or send the item with a tracking number as we cannot accept responsibility for Goods lost in transit.

8.4. Any Goods returned by you under this condition 8 must be unused, unmarked and in their original product packaging (and in the case of defective Goods, such Goods must be returned to us without any attempt having been made by you or any other person to rectify, dismantle or alter such Goods).

8.5. Provided you have complied with this condition 8 and we have issued to you a returns number, we will, subject to the Terms and Conditions, refund to or replace such Goods free of charge.

9. Returns and Cancellations

9.1. Subject to condition 8, Goods cannot be returned to us without written notice to us within 2 days of the receipt of the Goods. All Goods returned under this condition 8 are subject to a 25% handling and restocking fee.

9.2. Upon receipt of such notice from you to us we will (if we consent to the return of such Goods pursuant to this condition 7) issue to you a returns number authorising the return of such Goods. The returns number will be valid for a period of 7 days from the date of issue. We will not be obliged to accept the return of any such Goods without a returns number having first been obtained by you. Items sent without the correct authorisation will be refused and returned, and a £15 administration charge will be levied.

9.3. Any standard Goods (i.e Goods that are contained in the Catalogue or on the Website) returned under condition 9.1 will be subject to a 25% handling and restocking fee. Your right to return any order under condition 7.1 will not apply to any Goods which are not standard Goods and will not apply to any Goods which are Special Orders.

9.4. On cancellation for whatever reason (except under condition 6), you must return the Goods to us at your cost, carriage paid and appropriately insured. Please obtain proof of posting or send the item with a tracking number as we cannot accept responsibility for Goods lost in transit.

9.5. Any Goods returned by you under this condition 7 must be unused, unmarked, in their original product packaging and suitable for resale, and will be determined by us upon receipt of such Goods.

9.6. Provided you have complied with this condition 7 we will refund to you the price of such Goods less a 25% handling and restocking fee.

9.7. We may cancel any order at any time before the Goods are delivered. On giving such notice we will repay to you all sums paid in respect of the Goods through the same method as which payment for the Goods was originally made. Without prejudice to the limitation of liability, we will not be liable for any loss or damage whatsoever arising from any cancellation in accordance with this condition 9.

10. Exports
10.1. If you order Goods for delivery outside the UK, they may be subject to import and export duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of all such duties and taxes. Please note that we have no control over these duties and taxes and cannot predict their amount.

10.2. You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable for any breach by you of any such laws.

11. Warranties, liabilities, and indemnity

11.1 The Seller will within a period of two days from the date of delivery of Goods and from the date of provision of Services, in respect of Goods and/or Services which are proved to the reasonable satisfaction of both parties to be damaged or defective, or not to comply with the agreed specification due to defects in material, workmanship or design (other than a design made, furnished or specified by the Buyer), repair, or at its option replace, such Goods, and/or re-perform or at its option refund the price of such Services. This obligation will not apply where:

11.1.1 the Buyer has improperly used the Goods in any way whatsoever, or the Goods have been subjected to misuse, unauthorised repair, damage, negligence, adverse weather conditions and/or alteration; or

11.1.2 the Buyer has not complied with any instructions relating to preparation of the surfaces and areas to which the Goods are applied, and/or such surfaces or areas have been subjected to previous workmanship by third parties and/or contain latent defects; or

11.1.3 damage, discoloration or failure to painted surfaces has occurred through no fault of the Seller; or

11.1.4 the Buyer has not complied with any instructions as to use and care for the Goods in all respects; or

11.1.5 the Buyer has failed to notify the Seller of any problem or suspected problem within 2 days of the provision of the Services and/or supply of the Goods.

11.2 the Seller will be under no liability to the Buyer whatsoever (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any damage or for any direct, indirect or consequential loss (all three of which terms include, but are not limited to, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever

12. Data Protection

By placing a Quotation, the Buyer allows the Seller to use the Buyer’s personal details for the purposes of supplying the Goods and performing the Services (including passing the Buyer’s details on to subcontractors) and for the marketing to it by the Seller. The Seller may share the Buyer’s information with Vinyl Cut Graphics and/or others in the Signs Vinyl Cut Graphics network.

13. Copyright and Other Intellectual Property Rights
13.1 You agree that all content on the Website and in the Catalogue and including but not limited to text, product names, logos, photographs, images, buttons, icons, graphics, illustrations, designs, written and other material including the program and code that operates the Website (together the “Content”) are protected by copyright, trade mark and/ or other proprietary rights owned by or licensed to us.

13.2. You agree that you will not copy, reproduce, transmit, distribute, publish, display, commercially exploit, or create derivative works of, any part of the Content without our express written consent, save that you may print out, or otherwise electronically copy, one or more sections of the Website or Catalogue for your personal non-commercial use only with the express purpose of placing an order with us.

14. Events Outside of Our Control
14.1. We will not be liable or responsible to you for any failure to perform or delay in performance of any of our obligations under the Terms and Conditions and/or any order for Goods, or for any damage or defect to goods supplied or delivered in relation to any order for Goods that is caused by a Force Majeure Event.

14.2. A “Force Majeure Event” is any act, event, non-happening, omission or accident beyond our reasonable control and includes, without limitation, breakdown in machinery, act of God, governmental action, war or national emergency, act of terrorism, protest, riot, civil commotion, fire, explosion, flood, epidemic, lock-out, strike or other labour dispute (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.

 15. General

15.1. All communication between us and you will be by telephone or email to our Customer Services Team or in writing to our registered office.

15.2. You are not allowed to use the Website in any way that interferes with our systems or infringes other parties’ rights or to make any false or fraudulent orders.

15.3. Each of our rights or remedies under the Terms and Conditions is without prejudice to any of our other rights or remedies whether under the Terms and Conditions or not.

15.4. If any conditions of the Terms and Conditions is found by any court or other competent authority to be invalid or unenforceable (in whole or in part), the remaining conditions of the Terms and Conditions and the remainder of such condition will continue in full force and effect.

15.5. On termination of the Terms and Conditions, except to the extent that they have been performed, the conditions contained in the Terms and Conditions will remain in effect.

15.6. Any waiver by us of any breach of, or any default under, any provision of the Terms and Conditions by you will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Terms and Conditions.

15.7. The parties to the Terms and Conditions do not intend that any term of the Terms and Conditions will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

15.8. The Terms and Conditions and any dispute or claim arising out of or in connection with them will be governed by and construed in accordance with Scottish law, and the parties submit to the exclusive jurisdiction of the Scottish courts.

15.9. All customer information is processed in accordance with local law and is not sold to or used by third parties.

15.10. All payment information passed between our site and payment systems is encrypted using 128-bit SSL certificates. No cardholder information is ever passed unencrypted.