Terms & Conditions

Our Terms of Sale For Printed And Graphic Design Products –

This document (together with the documents referred to on it) tells you the terms and conditions on which we supply printed and graphic design products (“Products”) whether listed on our website www.nettlofedinburgh.co.uk (“our site”) or not. Please read these terms and conditions carefully before ordering any Products from us. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

Please note that we limit our liability at paragraph 16 below.

You should print a copy of these terms and conditions for future reference.

1.     INFORMATION ABOUT US

1. Nettl of Edinburgh is a trading name of Incus Creations Ltd.
2. ‘we’,  ‘us’ or ‘our’ refers to Incus Creations Ltd. We are registered in Scotland under company number SC226406 and our registered office and main trading address is at 995 Argyle Street, Glasgow G3 8LZ. Our VAT number is GB 828 3287 07. We are the owners of the website www.nettlofedinburgh.co.uk 
3. The term ‘you’ refers to a person or business placing an order with us for printed or graphic design products.

2.    LAW AND JURISDICTION 

1.     Contracts for the purchase of Products through our site will be governed by the laws of Scotland. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of Scotland.

3.     YOUR STATUS

1.     By placing an order with us, you warrant that:

1.     You are legally capable of entering into binding contracts; and

2.     You are at least 18 years old.

4.     HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

1.     Your order constitutes an offer to us to buy a Product or Products. All orders are subject to confirmation of acceptance by us, this confirmation will take the form of an “Order Confirmation/Invoice”. We are unable to issue an Order Confirmation/Invoice until such time as the ordering process is complete. The contract between us and you (“Contract”) will only be formed when we send you the Order Confirmation/Invoice. Once the Contract has been formed, the terms of the Contract cannot be varied without our prior written consent.

2.     As the Products will have been made to your specification or personalised by you, you will not have any right to cancel the supply of any of the Products once you have placed an order and its processing has begun.

3.     Unless agreed otherwise in writing, processing of an order will not commence until full payment has been received. In the case of a cheque payment the time required is usually 3-5 working days from the date that we receive the cheque for the payment to clear into our bank account. Cheques must be made payable to Incus Creations Ltd.

5.     COPYRIGHT

1.     The copyright of general artwork, commissioned artwork and illustrations and anything else whatsoever prepared, developed or created by us shall vest in and belong to us until the final invoice is paid in full by you.  You grant us licence in perpuity to use this general artwork, commissioned artwork and illustrations and anything else whatsoever prepared, developed or created by us for any purpose. 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 us to reproduce the same. The customer shall indemnify and hold us and our agents and representatives 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 us infringes the intellectual property or other rights of any third party or misuses the confidential information of a third party.

6.     MATERIAL AND INFORMATION PROVIDED BY YOU

1.     Whenever you make use of a feature that allows you to upload material to our site or provide material in any other way you must comply with the content standards set out in our website terms of use. You warrant that any such material does comply with those standards, and you indemnify us for any breach of that warranty.

2.     In addition to complying with our website terms of use, you agree that all material uploaded by you onto our site or provided in any other way will be done at your own risk. You should retain a copy of all material you upload. We expressly exclude all liability for any provided material which is lost or damaged at any stage.

3.     Failure to follow our site’s preparatory instructions for providing your material may result in Products of poor quality. We accept no responsibility for poor quality Products in those circumstances.

4.     You must not provide any material that will breach any third party rights to such material unless you have their express consent. We have the right to disclose your identity to any third party claiming that any material provided by you to us constitutes a violation of their rights.

5.     We have the right to remove any material provided by you or to not fulfil any order if, in our opinion, such material does not comply with the content standards set out in our website terms of use referred to at paragraph 6.1. You will receive a full refund of any sums already paid for an order we do not fulfil.

6.     You agree only to provide someone else’s personal information if they have given you express consent to use it in respect of the Products you have ordered.

7.     Personal information is processed and stored in accordance with our Privacy Policy.

8.     We may establish policies and limits concerning our storage of material uploaded by you and the amount of any material that may be provided to us. We may delete your material stored by us which is inactive for an extended period of time without reference to you. We may change our policies and limits at any time, in our sole discretion, with or without notice to you. To the extent that we are permitted to do so by law, we may delete your material stored by us at any time.

7.     APPROVALS AND PROOFS

1.     Prior to producing the Products, we make electronic proofs of any Product we have developed available for your approval. You are responsible for approving these proofs. You accept that once you have approved the proof, the Products cannot be changed nor cancelled. We shall have no liability to you for any errors in the proof subsequently discovered by you.

2.     If you have supplied us with a print ready file, and your supplied file meets our print ready specification, as detailed in our file supply guide, the Product will be sent straight to be printed (as long as the order has been agreed and the payment has been settled in full); no proof will be supplied. Normally, a print ready file would only be supplied by a graphic design or print professional. If after inspection, your supplied file does not meet our print ready specification, we will charge an artwork amendment fee to make your supplied file meet our print ready specification. The fee will be dependent on the file supplied and the Product. You will be notified of this fee before any work is commenced.

3.     You accept that it is your responsibility to check all your details are correct. Pay particular attention to spelling, dates, prices, names and contact details. We cannot accept responsibility for any errors detected after approval for print. We would recommend that you print your proof out to allow a full and proper check.

4.     You will be given the opportunity to make amendments to the electronic proof if required, before the job is sent to be printed. On some Products there is a limit to the number of proofs that may be created and amended. This will be stated on our site or via a bespoke email quote.

5.     Your statutory rights are not affected by these terms and conditions.

8.     AVAILABILITY AND DELIVERY

1.     Each of our standard Products has a set standard turnaround time. You will be advised of this turnaround time on any quotation and at formation of the contract.

2.     Unless there are exceptional circumstances, your Products will be complete in accordance with the set delivery turnaround time of the Product you have chosen. You will be notified of expected completion date.

3.     If you have chosen to collect your Products, then once they are available, they can be collected from our office at no additional charge. Alternatively your Products can be delivered to your desired address for an additional charge. This charge will be specified on our site or via a bespoke email quote.

4.     Working days are Monday to Friday, excluding UK Bank Holidays.

5.     Where delivery is delayed due to exceptional circumstances, we will complete the work as soon as we reasonably can and keep you informed of progress.

6.     Where delivery is not possible as a result of us being provided with the incorrect delivery address details, our delivery service will return the Products to us. We reserve the right to make an additional delivery charge for re-despatch of the Products to the correct delivery address.

7.     All Products will be signed for upon delivery, if anyone other than the intended recipient signs for the Product and the Product is subsequently not delivered to the intended recipient we will incur no liability provided that parcel was delivered to the address provided by the purchaser.

9.     NON-DELIVERY

1.     You must notify us within 30 days of any failure on our part to deliver the Products in order that we can investigate the failure and take appropriate action. After 30 days, we accept no liability for failure of delivery.

2.     The earliest date we can claim against couriers for non-delivery is 15 working days from the date of despatch. We cannot process a reprint before this time. You should notify us by phone or email if your goods have not arrived after 15 working days.

3.     Once you have notified us in accordance with paragraph 9.1, we will then send you a form to complete and return to us. Once the form is received we will redeliver Products to you, at no further cost or expense to you.

10.  QUANTITIES

1.     All reasonable endeavours will be made to deliver the correct quantity of Products ordered by you.

2.     You acknowledge that variations in respect of quantities are inherent within the printing industry.

3.     Our liability in respect of shortages are as follows:

4.     All overages may be kept by you at no additional cost.

11.  QUALITY AND COLOUR 

1.     You accept that variations in colours are inherent within the printing process for files submitted. You also understand and accept that computer hardware configurations are such that we cannot guarantee that the Product colours will match those displayed on your computer screen during the ordering and proofing processes.

2.     You accept that as with all full colour print, colours vary from run to run, different forms of printing and different paper stocks. This is issue is inherent within the industry and as such we cannot be held responsible for colours not meeting expectations.

3.     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, we 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 us or other party) or any other materials supplied by the customer and the printed article which is the subject of the customer’s order. Nor can we guarantee an exact match from a Pantone (PMS) colour reference.

12.  RISK AND TITLE

1.     The Products will be at your risk from the time of delivery.

2.     Subject to full payment having been made to us, ownership of the Products will pass to you on delivery.

13.  PRICE, PAYMENT AND VAT

1.     The price of any Products will be as quoted on our site from time to time or via a bespoke email quote, except in cases of obvious error.

2.     Unless otherwise agreed in writing;

• The development of a Product will not commence until full payment for development has been received.
• The printing of a Product will not commence until full payment for printing has been received.

3.     VAT is chargeable on all Products unless otherwise stated. We work strictly to HMRC’s comprehensive VAT guidelines on Zero-rating of books etc. Find out more and read the full notice at http://bit.ly/VATonprint

4.     The prices quoted do not include VAT and delivery costs, which will be added to the total amount due, if applicable. This is stated in the Order Confirmation/Invoice.

5.     Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation/Invoice.

6.     We do not store any credit or debit card data.

7.    We will offer a 15% discount voucher to customers who complete and verify a positive review for us on Freeindex (or other specified online review site) once they are in receipt of a completed Product from us. The 15% off discount voucher, applies to your next order with Kumo Ink Ltd, and is valid for 60 days after the date your verified positive review submission. This voucher is not valid with any other offer or promotion. 15% off discount voucher is valid on all printing and graphic design services. Limited to one discount voucher per customer.

14.  OUR REPLACEMENT POLICY 

1.     If you believe that a Product is defective, we may request that you return the Product for our examination.

2.     Our liability in respect of misprints is as follows;

15.  CLAIMS 

1.     Claims for damage, shortages or non delivery must be advised by phone or email within 30 days from the date that the Products were despatched.

2.     We shall not be liable in respect of any claim unless we are notified in accordance with paragraph 9.1 except where you demonstrate to our reasonable satisfaction that it was not possible to comply with this requirement and your claim was made by you as soon as reasonably possible thereafter.

16.  OUR LIABILITY

1.     Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product (including delivery costs).

2.     We do not exclude or limit in any way our liability:

1.     For death or personal injury caused by our negligence;

2.     Under section 2(3) of the Consumer Protection Act 1987;

3.     For fraud or fraudulent misrepresentation; or

4.     For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

3.     Whether caused by our negligence, breach of contract or breach of duty, we exclude all liability for:

1.     Any direct loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time; or

2.     Any indirect or consequential loss or damage of any kind however arising, even if foreseeable.

17.  NOTICES

1.     You must give notice to us either at our registered office by registered post at your cost, or electronically. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served:

1.     Within 1 working day when given electronically; and

2.     3 working days after the date of posting of any letter when served by post.

2.     In proving the service of any notice, it will be sufficient to prove that such notice was properly addressed and sent.

18.  TRANSFER OF RIGHTS AND OBLIGATIONS 

1.     The Contract is binding on you and us and on our respective successors and assigns.

2.     You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

3.     We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

19.  EVENTS OUTSIDE OUR CONTROL 

1.     We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

2.     A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

1.     Strikes, lock-outs or other industrial action;

2.     Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

3.     Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

4.     Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

5.     Impossibility of the use of public or private telecommunications networks; and

6.     The acts, decrees, legislation, regulations or restrictions of any government.

3.     Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

20.  COMPANY IMPRINT

Unless otherwise specifically requested in writing any work may carry our imprint which will be positioned at our discretion.

21.  WAIVER

1.     If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

2.     A waiver by us of any default shall not constitute a waiver of any subsequent default.

3.     No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 17  above.

22.  SEVERABILITY

1.     If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

23.  ENTIRE AGREEMENT 

1.     These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

2.     We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

3.     Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

24.  OUR RIGHT TO VARY THESE TERMS AND CONDITIONS 

1.     We have the right to revise and amend these terms and conditions from time to time.

2.     You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation/Invoice (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).