Terms
and Conditions as of 01/01/04
Colour Plastic Cards (CPCARDS)
Terms and Conditions of Business
1. Terms and conditions
1.1 We may change these Conditions from time
to time. A change will be effective immediately upon publication of the
modified Conditions at www.cpcards.co.uk/terms_of_business.html
1.2 CPCARDS terms and conditions, quotations and other
correspondence are E & O.E.
2. Definition of customer
2.1. The definition of "Customer" throughout these Terms & Conditions
is as follows: The person who places or instructs one of their employees
to place the order either by fax, phone, email or in person with ourselves
for the supply of goods or services.
3. Website & email
3. 1 Copyright
©Copyright Colour Plastic Cards 2006. All rights
reserved. Reproduction of this website, in whole or in part, in any
form or medium without express permission from CPCARDS is strictly
prohibited. Your use of this website is subject to our legal terms
and conditions.
3.2 Information on Our Website
Whilst we try to ensure that the information on this site is accurate
and complete, we do not accept any liability arising from any inaccuracy
or omission in the information on this site. We advise you to verify
the accuracy of any information before relying on it.
3.3 External Links
Our websites may offer you hyperlinks
to other websites we feel may be of interest to you. CPCARDS does not
accept any responsibility for the content of those sites, the owners
of which do not necessarily have any link, commercial or otherwise
with CPCARDS.
3.4 Email
Any emails and any files transmitted are confidential
and/or legally privileged and intended solely for the use of the individu
or entity to whom they are addressed. If you are not the addressee
indicated in the email (or responsible for the delivery of the email
to such person) be advised that you have received this email in error,
and that any use, dissemination, forwarding, printing, or copying of
the email is strictly prohibited. If you have received the email in
error please notify the sender by reply email and then immediately
permanently delete it and all copies from your system. Whilst we maintain
virus checks, we accept no liability for viruses introduced from any
emails.
3.5 Website feedback
Any comments, suggestions, proposals
or other feedback (collectively “Feedback
Information”) provided to CPCARDS in connection with the operation
or content of this Site shall be provided by the submitter and received
by CPCARDS on a non-confidential basis. All such comments, suggestions,
and other information shall become the exclusive property of CPCARDS.
By submitting any such information to CPCARDS, you agree that you are
transferring and assigning, at no charge, all of your right, title
and interest in the information, including all copyrights and other
intellectual property rights. You agree that CPCARDS shall be free
to use such information on an unrestricted basis.
4. Prices and quotes
4.1 Prices may change from time
to time, please confirm prices before you order. If you are a trade
customer please confirm prices before you quote your customer.
4.2 All quotes are subject to sight of artwork
4.3 Every effort will be made to provide quotes as
accurate as possible, however sometimes human error can and does occur.
When you submit your order we will advise you of any cost differences
before the order is processed. CPCARDS reserves the right to vary/revoke
quotations without notice. For example, if the quotation is subject
to error (typographical or otherwise)
4.4 Our advertised prices and quotes do not include delivery or VAT.
4.5 Quotes are valid for 20 days.
5. Customer supplied artwork
5.1 Customer supplied artwork is considered
to be the final version, any changes to be made after this may
be subject to a charge. If you would like us to change the artwork
for you, there will be a minimum surcharge of £80 + VAT.
5.2 When the customer supplies artwork, it is essential
that it is high quality & high resolution. Low quality artwork
results in low quality printing.
5.3 It is the customers duty to ensure that any artwork, logos, pictures
etc are authorised for use by the owner (or that you are the owner of)
all Proprietary Materials and other matter incorporated into artwork
which is protected by any intellectual property rights.
When customers supply artwork
that is ready to print, CPCARDS is not
responsible for any errors within the customers artwork.
This include typographical errors, incorrect wording or incorrect colour
values for work submitted as CMYK.
6. CPCARDS design/artwork service
6.1 Customer who
require CPCARDS to produce a card design or to alter their existing ideas
to be in a print ready format, will be provided with a quotation for
this service. Once the customer has agreed to this quotation, this artwork
fee is payable whether or not an order for the actual cards is placed.
This is due to the labour and time involved. The customer may be asked
to pay the artwork fee in advance.
6.2 The customer is responsible for informing CPCARDS
what information is required on the cards along with any technical
termonoolgy supplied correctly.
6.3 Under no circumstances will the artwork fees be
refunded once the customer has agreed to the quotation for the artwork.
6.4 Email proofs will be provided for approval – see section 7
of these terms and conditions for more information.
7. Email proofs
7.1 CPCARDS provide email proofs to
the customer for approval. The customer is responsible for checking
the proof to be correct and authorising CPCARDS to proceed with the
printing of the artwork & CPCARDS is
absolved from responsibility for errors which may still be present
in the proof. The customer hereby undertakes that they have due authority
to approve the artwork presented and that they will in no way, under
no circumstances hold CPCARDS liable for any errors.
7.2 As we offer & send free samples and postal proofs for the
full colour solid plastic cards it is solely the customers responsibility
to ensure that the cards are suitable for the purpose they wish to
use then for. Any samples that we send you will be the same material
and thickness as the cards we will use for your order.
7.3 The customer hereby undertakes that they have due authority to
approve the email proofs presented and that they will in no way, under
no circumstances hold CPCARDS liable for any errors.
8. Colourings
8.1 Colours dispaleyed on the customers
computer monitor will most probably not match the printed colour on
the cards. Some colours may print quite closely to what is seen onscreen,
whereas others will be a mile out. This problem stems from the fact
that we're all using different monitors, at different resolutions and
to accurately display the correct colour would entail the user in having
a colour-calibrated system. CPCARDS can not be held responsible for
the colours the customers computer monitor displays.
This colouring issue is unavoidable and we rely on your goodwill to
accept this as a fact as we have no control over how your computer
interprets the colours of any artwork supplied.
8.2 The colours on emailed proofs as as a guide only.
8.3 Printing on frosted cards can look less dense due to the semi-opaque
nature of the frosted cards.
8.4 The full colour solid plastic cards are printed in CMYK. When
pantone colours are quoted to us, this will be used as a guide only
to give an idea of the colour/shade.
8.5 Customers may require foil samples for spot printed
cards (Frosted, satin black and possible metallic) if possible this
will be subject to a £5 + VAT charge for each colour sample
required. This is non refundable.
9. Payment
9.1. All orders must be paid for in full
before printing commences.
To enable us to process orders quickly payment is suggested via credit/debit
card or chaps payment. BACS payments must clear before the customers
order is processed. CPCARDS will not surcharge for the following
payment methods: Debit cards, credit cards, CHAPS or BACS.
9.2 Our prices are based on payment with order by credit or debit
card over the telephone. We reserve the right to charge extra for payment
by alternative methods (bacs, cheque etc).
9.3 Once the customer is 100% happy with their email proof they are
asked to complete an order form. The placement of an order confirms
that the customer agrees to & are bound by our terms and conditions
of business.
10. Postal proofs – only applicable to full colour
solid plastic cards
10.1 Once payment for the order has been received,
postal proofs are ofered to ensure the customer is happy with the product
before the full order is printed. The customer is responsible for checking
the proof to be correct and authorising CPCARDS to proceed with the
printing of the full order.
10.2 In approving the postal proof CPCARDS is absolved from responsibility
for errors which may still be present in the proof. The customer hereby
undertakes that they have due authority to approve the artwork presented
and that they will in no way, under no circumstances hold CPCARDS liable
for any errors. Once the postal proof has been approved, we cannot
accept responsibility for any changes or alterations and you will be
charged full price for any reprints that may be required.
10.3 The customer is responsible for checking the proof to be correct
and CPCARDS is absolved from responsibility for errors which may still
be present in the proof.
10.4 Any changes to the artwork (wording etc) should
have been made prior to the plastic card proof being made (i.e. at
the email proof stage). Your first postal proof and second
postal proof are included in the price however if after the second
postal proof, new artwork is submitted (if supplying your own artwork)
or your require further changes to artwork we have prepared for you,
an administration fee of £35 + VAT will apply. This is payable on
submission of your new artwork (if supplying your own artwork) or when
requesting further changes to your design. This administration fee
will apply to each new submission of artwork or change of design after
the second postal proof, for example if you submit a 4th set of artwork,
a further £35 + VAT is payable.
10.5 For our full colour plastic cards, if after reviewing
the postal proof, for any reason you decide not to proceed with your
order and if we agree to refund your money (the refund is at the discretion
of CPCARDS managament and may not be offered), a minimum of £150
+vat (or full order value if lower than £150+vat) will be retained
to cover the initial 2 proofs as well as any additional money paid
for additional proofs and artwork charges (if applicable).
10.6 Sometimes, (when your cards are needed quickly)
you may need to decline a printed proof for our full colour plastic
cards in order to receive your cards on time.
We will email a POSTAL PROOF DECLINED STATEMENT & AGREEMENT and
we will ask you to confirm via email that you have read, understood
and agree to this proof declined statement).
10.7 For all cards (other than our full colour plastic
cards) Once an order has been placed and paid for it cannot be cancelled
or money refunded.
10.8 For larger orders of full colour solid plastic cards (above 10,000
in quantity), CPCARDS may agree to accept a deposit to produce the postal
proofs and then take payment for the balance when the postal proof has
been approved. Should the full order not go ahead, this deposit will
not be refundable in any circumstances.
11. Rush Orders
Rush orders are possible but are subject to management approval and
a minimum 25% surcharge
Orders are not considered to be time of the essence and therefore we
will not be liable for consequential loss, please see the following
points in our terms of business for limits to our liability .8.2.1
to 8.2.10).
12. Data files
12.1 Customers may need to supply a data
file for personalisation required on cards. The customer is responsible
for ensuring that any data files (excel documents etc) sent to CPCARDS
are free from errors.
CPCARDS can not be held responsible for an excel files which includes
information which is not to be printed on the cards (i.e. information
contained in hidden cells) or data files which are presented in an
inconsistent manners. If the data files are not presented in the same
format as previously submitted and/or the excel file contains hidden
information the number of cards affected will not be replaced free
of charge by CPCARDS.
13. Turnaround times
13.1 Turnaround times quoted are
for work to start from when we have received the customer completed
order form, payment & conformation
that the artwork is correct (email proof approval has been received).
Turnaround time is typically 7 - 10 working days. Saturdays, Sundays & Bank
holidays as not counted as working days.
13.2. ColourPlasticCards.co.uk CANNOT BE HELD RESPONSIBLE for any
costs incurred to the customer for late delivery of goods or services,
directly or indirectly.
13.3 The turnaround time we give is a approximate general time guideline
and is not guaranteed.
13.4 For multiple items order, the turnaround time will be the same
as the item which has the longest turnaround time.
13.5 For printing that also requires personalisation, or other value
added steps that requires customer data files to be provided the turn
around time begins when those files are subimited to CPCARDS specifications.
14. Delivery of your order
14.1 Customers orders may
be dispatched via Royal Mail or a private courier company. The customer
must make sure they are available to sign for the delivery.
14.2 If the courier fails to deliver your order (for example you are
not in to sign for delivery) a card will be left and your order will
be taken to the local depot waiting for you to arrange delivery/collection.
If after a period of time you fail to collect your order from the depot
or arrange delivery, it will be returned to us. We can arrange to have
your order delivered again, however, a delivery charge will be incurred
to cover our costs for the 2nd delivery. We recommend that your delivery
address is an address where someone is available during working hours
to sign for and take the delivery. If the courier leaves a card because
they are unable to deliver to you, please contact the depot as soon
as possible.
14.3 Deliveries to certain areas in Scotland, Wales, Cornwall and
Offshore Islands may be subject to a 2/3 working days delay.
14.4 The courier company used is an external company and operates under
its own terms and conditions. If problems with the delivery arise, please
contact us and we will assist you. However please note that we can not
be held responsible for the actions of the courier or any late deliveries.
14.5 Please ensure that your order is fully checked on receipt to ensure
everything is 100% correct for you (for example, that the following are
as you requested; quantity, all personlisation details are included and
are accurate, bar codes have been supplied as required, magnetic strips
which have been encoded include all relevant information, etc, this list
is not exhaustive). Please make any complaints in writing, within 24
hours of delivery.
15. Complaints
15.1 CPCARDS must be made aware of any
complaints with a order within 24 hours of the order being received
otherwise no discussion can be entered into regarding the complaint
or free reprints.
15.2 CPCARDS aim to provide outstanding customer service. If you have
any complaint about the service you have received from us, please contact
our Customer Service department at customerservices@cpcards.co.uk.
15.3 Claims for defects, damages, or shortages must be made by the
client in writing no later than 24 hours after delivery. If no such
claim is made, CPCARDS and the client will understand that the job
has been accepted. By accepting the job, the client acknowledges that
CPCARDS performance has fully satisfied all terms, conditions and specifications.
15.4 CPCARDS liability will be limited to the quoted selling price
of defective goods, without additional charge for special or consequential
damages.
15.5 All cards should be fully checked on receipt
to ensure they fully meet your requirements. We recommend that all
cards are checked prior to them being, for example, bulk mailed, attached
to leaflets, handed out to members/cutomers. (this list is an example
only and is not exhaustive) Occassionaly
errors can occur and we are happy to reprint any defective cards. CPCARDS
liability will be limited to the quoted selling price of defective
goods, without additional charge for special or consequential damages.
15.6 Please ensure that your order is fully
checked on receipt to ensure everything is 100% correct for you (for
example, that the following are as you requested; quantity, all personlisation
details are included and are accurate, bar codes have been supplied
as required, magnetic strips which have been encoded include all relevant
information, etc, this list is not exhaustive). Please make any complaints
in writing, within 24 hours of delivery.
16. Displaying customers work
16.1 CPCARDS reserve the right to feaure the customers card/design
on CPCARDS website and/or use as a sample card within our sample packs.
However, if you prefer us not to please notify us in writing.
17. Movement – full colour solid plastic
cards
17.1 With our full colour solid plastic cards, movement of upto 1.5mm
or so can occur due to stretching of the plastic and movement in the
cutting process.
18. Limitations On Liability
We shall not be liable for any of the following losses or damage
(whether arising in contract, tort (including negligence), strict liability
or otherwise and whether such losses or damage were foreseen, foreseeable,
known or otherwise):
18.1.1 loss of revenue;
18.1.2 loss of actual or anticipated profits (including for loss of
profits on contracts);
18.1.3 loss of anticipated savings;
18.1.4 loss of business and/or contracts;
18.1.5 loss of opportunity;
18.1.6 loss of goodwill;
18.1.7 loss of reputation;
18.1.8 loss of, damage to, or corruption of data or software;
18.1.9 Business Interruption
18.1.10 wasted expenditure; or
18.1.11 any indirect or consequential loss or damage (including, for
the avoidance of doubt, where such loss or damage is of the type specified
in Conditions 8.2.1 to 8.2.10).
In the event of a breach in contact our liability will be limited to
the contract price and we will not be liable for consequential loss (which
shall include but is not limited to l18.1.1 to 18.1.11 - this list is
not exhaustive)
19. Governing Law
These terms and conditions shall
be governed by and interpreted in accordance with English Law and the
English Courts shall have jurisdiction over any disputes between us
E & O.E.
Privacy Policy
CPCARDS is committed to respecting privacy
of customers.
This privacy policy governs the manner in which CPCARDS uses, maintains
and discloses information collected from customers.
Privacy
CPCARDS is committed to developing long lasting relationships based
on trust. CPCARDS will do everything in its power to ensure that your
right to privacy is maintained and protected.
Information Collected
CPCARDS may request or collect
personal information from customers in a variety of ways, including
through online forms for ordering products and services, and other
instances where users are invited to volunteer such information. The
information CPCARDS collects is personal information that identifies
you personally, such as:
· Your name
· E-mail address
· Postal address
· Telephone and facsimile numbers
· URL
· IP Address
· Credit card information
· Other billing information
· Membership names/details
CPCARDS may also collect information on how users access the Website
by using a tracking ID unique to each user through the use of cookies.
How we use this information
CPCARDS may use gather informed
for research purposes regarding the effectiveness of services, marketing,
advertising and sales efforts.
CPCARDS will not in any way share this information with a third party
either for free or by selling it.
Under no circumstances will your personal information be passed to
any third party. Your email address will never be given, or sold to
spammers or junk mailers.
Special Offers and Updates
CPCARDS customers and users
will occasionally receive information on products, services and special
deals. Out of respect for the privacy of users, CPCARDS presents the
option to not receive these types of communications.
Legal Disclaimer
Though every effort is made to preserve
your privacy, CPCARDS may need to disclose personal information when
required to by law. If it is deemed necessary that such action needs
to be taken, CPCARDS will comply with judicial proceedings should a
court order or legal process be served on Colour Plastic Cards Ltd.
The CPCARDS Website contains links to other sites. Please be aware
that CPCARDS is not responsible for the privacy practices of such other
sites. You are encouraged to read the privacy statements of each and
every Web site that collects personally identifiable information. The
CPCARDS Privacy Policy as described herein applies solely to information
collected by CPCARDS.
Maintenance of Information
The information provided
to CPCARDS is saved indefinitely and may be stored on one or more databases
directly or indirectly maintained by CPCARDS. CPCARDS employs standard
security measures to protect the confidentiality of the information.
Although CPCARDS cannot guarantee that any loss, misuse or alteration
of data will not occur; every effort is made to prevent such occurrences.
Questions
Any questions concerning this Privacy Policy may be directed by e-mail
to PrivacyPolicy@cpcards.co.uk
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