Terms and Conditions
1 Ordering and Cancelling Product
Ivor Solution Ltd t/a CardsMadeEasy of
Registered Office: Units 45-50, 10 Hornsey Street, London, N7 8EL.
Registered in England and Wales. Co. No. 03483147
We, CardsMadeEasy ("we" or "us" or "our") will supply to
("you" or "your"), the person named in the order form completed on this web site
(the "Order"), the personalised product made to your individual specification
(the "Product") at the address shown on the Order.
You order through our web site by completing the Order and checking
that all the information including personalised design for your Product and all costs
and quantities set out in the Order is to your satisfaction.
You acknowledge that by completing and submitting the Order
to us "unapproved order" for purchase by providing us your credit/debit card
details, you have reviewed the information provided, understand the rights and
respective limitations and you wish to make an offer to purchase the Product
on the terms and conditions set out in this Agreement, terms and condition in
your order/enquiries inconsistent therewith shall be of no effect.
We will check the "unapproved order" and send you a confirmation
of the approval of the order "approved order".
We reserve the right to decline any "unapproved order"
without giving any reason.
We reserve the right to decline any "unapproved order"
or "approved order" if it breaches the terms and conditions laid out
(in this document or on any special offers).
You warrant and undertake to us that any intellectual property
rights incorporated in the information and design for your Product does not
infringe any intellectual property or other rights of any third party, is not
of an illegal or libellous nature, and we have the right to use the information
and design that you have given to us for the purpose of this Agreement. You
will indemnify us in respect of any claim relating thereto (including all reasonable
legal expenses).
We intend to supply you with your product "approved order"
at the email address given in the order whether or not you actually receive
confirmation of the approval of the order, sending of the order approval confirmation
"approved order" will also enter you into a legally binding agreement with us.
You can cancel an "unapproved order". You cannot cancel
an "approved order".
If an "unapproved order" is cancelled within one calendar month, we
will provide a full refund.
If an "unapproved order" is cancelled after one calendar month, we
will credit your account with the refund. This credit is non-refundable but can then be used as
full or partial payment against future orders (including special offers).
2 Description of the Product
The main characteristics of the Product are described on our
web site as notified to you during the interactive design stage of your Product
prior to submitting the Order. Your completed and submitted Order "unapproved
order" indicates that you have reviewed and satisfied yourself in respect of
the main characteristics of the Product including the design and layout and
the correct spelling of any names and words, correct colours used, and correct
details of any postal address, telephone, fax and/or e-mail details.
Under certain circumstances we will send you an ELECTRONIC PROOF of the product.
We expect you to check that all detail on this proof in terms of layout, text content
and spelling is correct and as per your requirements.
Once you have responded back to us saying you are happy with and accept the proof, we will we
approve your order (as in point 1) and use the proof to print the product.
WARNING : If you accept the proof and there are any mistakes (spelling, incorrect content or layout),
we will not be liable for the mistakes in the printed product that we supply you, as also stated in point 6.
3 Price
The price payable for the Product is the price as is set out in identical terms in both the "approved Order" and the Invoice (the "Price").
4 Payment Terms
4.1 You must pay us the Price for the Product by using one of the payment methods made available on the Order.
4.2 When selecting to pay the Price by credit or debit card, we will debit the Price to your credit or debit card on order approval confirmation making an "approved order".
5 Delivery
We aim to dispatch the Product to you within the agreed delivery period from order approval confirmation making an
"approved order".
We will deliver the Product to the shipping address registered in your account details and on the order. An
additional charge may be incurred if delivery has to be made to an address different from the shipping address.
If the shipping address supplied by you is incorrect or a delivery attempt was unsuccessful and the order is returned to us we will charge an administration fee of £1+VAT on top of the postage that will be incurred to redispatch the item.
We will email you if your order is returned to us requesting the full reposting fee. If the fee is not paid within 1 month of our email then your order will be destroyed and you will be required to place a new order.
If you have not received the delivery within 15 working days after the delivery period (or 20 working days if delivery
outside of the UK), please inform us. We will try and resolve the non delivery and keep you informed.
We will not be responsible for any loss of trade or profit
occurring to you as a result of delay in delivery or delivery of incorrect or
faulty Product.
We will not be responsible for any loss of trade or profit
occurring to you as a result of the Product getting lost in transit. We will reprint the lost items once the delivery company confirms
they have lost the delivery.
Risk in the Product passes to you on delivery of the Product
to you.
6 Acceptance of Product
In the event of the product being faulty, please contact us within 10 days from the date of receipt
of the product. If you have cause for complaint please contact us immediately.
We will attempt to resolve the dispute within five working days and to keep
you informed of progress if the dispute remains unresolved.
We are not responsible for any text or composition errors you
may have made or any errors described in Point 2 of this agreement. If you
are in any doubt we would recommend purchasing a small order to start for a
trial.
Variations in quantity - Every
endeavour will be made to deliver the correct quantity ordered, but estimates
are conditional upon margins for 10 per cent.
Variations in cut size - The
cut size will be whatever you have specified for the product subject to a variation of 1.5mm in width and height.
Full colour printing -
Every effort will be made to obtain the best possible colour reproduction on
customer's work but because of the nature of the processes involved, we shall
not be required to guarantee an exact match in colour or texture between the
(customer's photograph, transparency, other samples, monitor display - local
or over the internet) and the printed Product, or between different sets of printed products (e.g two sets of business cards or between a set of business cards and letterheads).
Look and Feel -
Depending on your screen size and resolution, the designs may appear bigger
or smaller on screen than the actual printed version of the design, but elements
of the design (card/compliment slip/letterhead/envelope/etc) will print in the same proportions
as they appear on screen, in respect to the size of elements and also the spacing
between elements, elements being text and logo's. There is a 1.66% quality acceptance level which
means that a Product is deemed to be of an acceptable level of quality if any detail deviates by less than or equal to this level.
All text elements will print with specified characteristics as displayed on
screen (i.e. with correct font/bold/italic/position).
All Logo elements will print as displayed on screen in terms of relative position and size.
The quality of the printed logo will depend on the quality of the logo
you provide (i.e upload). The higher the dpi of the logo, the better the end
result.
If you use our online desiger, please ensure that you have the Adobe Flash installed as our software
may not be compatible with another vendor.
7 Privacy
You expressly consent that we may use the personal data you
have given to us in the Order solely for the purpose of this Agreement, for
making services available to you, for marketing our Product and services to
you and to disclose to other third parties such as our suppliers for marketing
purposes. You may opt out of receiving such future marketing mailings, and you
may choose not to have your name disclosed to third parties for this purpose.
If you choose to do this, you can do this by marking a checkbox on your personal profile.
Our obligations under this Agreement include but are not limited
to the disclosure of your personal data to the companies and organisations engaged
to supply and deliver the Product to you including without limitation printers
of the Products, couriers and other relevant postal authorities, any other person
and/or organisation engaged by us to fulfil your Order and all other relevant
authorities who are entitled to or to whom we owe a legal obligation to the
disclosure of your personal data.
You acknowledge that after having been advised of the purposes
and circumstances under which your personal data may be used, processed and
disclosed to other parties as detailed in these terms and conditions and on
the Web site you explicitly consent to the disclosure and the transfer of your
sensitive personal data to the printers of the Products, and relevant postal
authorities, other relevant authorities and direct marketers of Products and
services which may be of interest to you.
8 Remedies and Liabilities
8.1 Nothing in this Agreement will affect your legal rights as a consumer.
8.2 We accept liability for damage that arises from the Product proving defective while in use as a result of the negligence of a person concerned in the printing or distribution of the Product or breach of the implied undertaking as to ownership of the Product.
8.3 We accept liability for death or personal injury caused to you as a result of our negligence or the negligence of our employees.
8.4 In all other cases not described in Clauses 8.2 to 8.3 our total liability to you (whether in contract, tort, including negligence, or otherwise) will not at any time exceed in aggregate either the sum of £50 or an amount equal to the price paid by you and the costs of returning the product to us, whichever is the highest.
8.5 This Clause 8 survives termination of this Agreement for any reason.
9 Events beyond our control
We are not responsible for any delay or failure in carrying out our duties under this Agreement if the delay or failure is caused by circumstances beyond our reasonable control. These circumstances include civil commotion, riots, flood, drought, fire, the postal service, the courier service and strikes. You must allow us reasonable time to carry out our duties in these circumstances.
10 Entire Agreement
This Agreement constitutes the entire agreement between you and us. The terms of any other electronic message or order or any other communications you may have sent to us not forming part of the Order will not apply.
11 Severability
If a court decides that any part of this Agreement is not valid or cannot be enforced, that part will not apply. All other parts of this Agreement will continue to apply.
12 Changing the Contract
12.1 If we decide not to enforce a right under this Agreement, this does not prevent us from enforcing that right in the future.
12.2 We reserve the right to make changes to this Site and to these Terms & Conditions at any time without prior notice. You should review these Terms & Conditions each time you access this Site.
13 Governing Law
This Agreement will be governed by English law and will be subject to the non-exclusive jurisdiction of the English Courts.