PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY FOR FUTURE REFERENCE
By placing an order with Northview Creative Limited t/a Barflya you accept these terms and conditions.
a)”Company” means Northview Creative Limited t/a Barflya. also referred to as “we” or “us” in these terms and conditions.
b)Northview Creative Limited t/a Barflya is registered in England and Wales under Company Registration No. 4961799 and registered office at: The Oak Barn, Royds Green Farm, Oulton, Royds Green, Leeds, West Yorkshire, LS26 8EZ
c)”Working days” means Monday to Friday, excluding Bank or other Public Holidays.
d)”Goods” means products and services available to purchase on-line.
e)”Proof” means digital reflection of Goods before they are printed. Proof is a PDF file or Jpeg and gives great impression of how printed Goods will look like when order is completed.
f)”Turnaround” means number of Working days required for production (print, finishing and packing). Turnaround counts from the following day we receive Proof approval to print.
g)”Buyer” means the party contracting with the Seller to acquire the good and services supplied under these Terms and Conditions.
h)”Work” means all goods (by way of intermediate or finished product) and services supplied by the Company to the Buyer.
i)“Intermediates” means all products produced during the manufacturing process including non-exhaustively discs, film, plate, intellectual property.
j)”Preliminary Work” means all work done in the concept and preparatory stages (including non-exhaustively design, artwork, colour matching).
k)”Electronic File” means any text, illustration or other matter supplied or produced by either Party in digitised form on disc, flash drive, email attachment or internet storage etc.
2. PAYMENT TERMS
2.1 ON ACCOUNT – Payment shall be made on the due date according to agreed terms by us in writing.
2.2 NON ACCOUNT – Payment is required at the time of order online via debit/credit card.
2.3 Any discounts are offered on the strict understanding that accounts are paid by the due date. We reserve the right to invoice any such discounts to accounts which become overdue.
4. PASSING OF TITLE AND RISK
4.1. The risk in the goods shall pass to you on delivery.
4.2. All goods, delivered or not, remain our property until payment is received in full.
4.3. Until such time as payment is made you shall retain such goods separately from other goods and clearly mark them in such a way that they can be readily identified as being our property and any payment received by you for any sale of such goods must be held in a separate account in trust for us. In the event of non-payment by you for such goods we will, without loss of any rights or remedy, remove from your possession those goods belonging to us in accordance with these conditions and we shall be entitled to enter upon the property where the goods are stored to repossess and remove the same. You hereby grant us an irrevocable licence to enter your premises for the said purposes.
We reserve the right to alter any details of products advertised without notice. While every effort is made to describe goods accurately in the advertisement no warranty is given as to accuracy and no responsibility will be accepted for error or mis-description and any resulting loss.
6. QUOTATIONS AND CONTRACTS
Orders are accepted subject to our right to adjust prices quoted to take account of any changes in the law or Government regulations requiring us to increase prices by way of direct taxation, import duties, customs and excise duties or otherwise. The prices are based on today’s current costs of production and in the event of any increase in wages or costs of materials to us occurring after the confirmation of accepted contract, we shall be entitled to charge such increases to you.
Where applicable all prices quoted are subject to VAT at the current rate.
8.1. Every effort is made to deliver on time, but any delivery day specified is a best estimate and no liability is accepted for any loss arising from delay or error in the delivery of goods. Deliveries are charged at the prevailing rates applying at the date of such delivery.
8.2. Special rush deliveries can usually be arranged but will usually be subject to additional charges (eg. rush print charges and rush delivery charges), which will be charged to you at current commercial rates.
9. QUANTITY VARIATION
We shall be deemed to have fulfilled our contract by delivery of a quantity within 5% plus or minus of the quantity of printed goods ordered and you will be charged at the contract rate for the quantity delivered.
10.1. Claims arising from damages, delay or partial loss in transit must be made in writing, to reach us within 5 days of delivery.
10.2. All claims with regard to the quality or quantity of goods shall be made in writing, to reach us within 5 days of receipt of goods or such goods shall be deemed to comply as to quality and quantity within the terms of the contract.
10.3. You must examine all goods delivered at the time of delivery. We shall not be liable for any loss arising from damage caused to the goods in transit unless loss or damage is noted on the delivery note at the time of delivery.
10.4. Claims in respect of non-delivery must be made in writing so as to reach us within 4 days from receipt of our invoice.
11.1. Save in so far as defects in the goods cause death injury or damage to personal property, our liability for any loss or damage suffered by you in respect of the goods shall be limited to the contract value of the goods.
11.2. We can accept no responsibility for loss or damage arising from the supply of goods under this contract unless you have fully complied with the notification of claims procedure set out in clause 10.
11.3. Nothing in these terms and conditions shall affect the rights of a consumer.
12. CANCELLATION CHARGES
A charge will be made on all cancelled orders, together with the charge for all work carried out up to the date of written cancellation.
These will be submitted on approval and will be charged if not returned in good condition within 14 days.
14. OVERDUE ACCOUNTS
14.1. No goods will be delivered on accounts which remain unpaid after payment is due. If any item(s) remain unpaid by that due date charges will apply, in accordance with s5A and/or s6 of the Late Payment Commercial Debt (Interest) Act 1998 or any subsequent enactment. In addition, all invoices will become due and payable immediately and will be treated as overdue items, with appropriate charges applied and all costs reasonably incurred in collecting the debt payable by the customer.
15. QUANTITY CHANGES TO ORDERS
Any changes in quantity ordered must be made in writing to us prior to commencement of processing. Any increase in the order must be regarded as a separate contract unless written notification is received before work commences on the original order.
16. ARTWORK AND PRINTING
The entire copyright throughout the world in all printing plates, litho positives and negatives, artwork, designs, photographic transparencies, negatives or positives and any other artistic craftsmanship made by or for Northview Creative Limited t/a Barflya pursuant to or in implementation of any contract with the customer shall belong to Northview Creative Limited t/a Barflya. Northview Creative Limited t/a Barflya agrees that unless the customer becomes in default of any obligation to make any payment to Northview Creative Limited t/a Barflya, it will not reproduce any such items for any competitor in business of the customer.
You must ensure that your artwork does not infringe on any other worldwide copyright and you agree to indemnify the company from any claim arising out of the infringement of copyrighted material which you have submitted to us for printing.
18. LIBEL AND OBSCENITY
The Company may refuse to print any work if in its opinion it contains matter likely to result in civil or criminal proceedings. Any work seized or ordered to be destroyed or made the subject of any injunction shall thereupon be deemed to have been delivered to the Customer, and the Company shall be paid for the same and for all other work carried out on or before the date of such seizure order or injunction as if so delivered.
19. FORCE MAJEURE
We will not be held responsible for failure or delay in the carrying out of our obligations under the contract arising from any cause outside our reasonable control or by inability to procure materials or articles except at higher prices due to any such cause and in such circumstances we shall be entitled by notice to terminate the contract in whole or in part without incurring any liability whatsoever to you.
These conditions and all other express and implied terms of the contract shall be governed and construed in accordance with the laws of England and the parties agree to submit to the jurisdiction of the courts of England and Wales.