FACEMATT UK LTD.
When using the Facematt.com website to order product, or when logging on to access our Terms & Conditions when ordering product from a licenced third party, these Terms & Conditions will constitute a legally binding agreement between you, or the organisation you represent, and Facematt UK Ltd. It is your responsibility to read these Terms & Conditions of business before ordering product from this website or ordering licenced product from any third party directly.
“Seller” or “Licensor” means Facematt UK Ltd. Co. Reg. No. 08856858 and Facematt.com. Reg. Office Charter House, Stansfield Street, Nelson, Lancashire, BB9 9XY.
“Buyer” means the persons name or company name which is on the Purchase Order or on any Emailed order confirmation either to Facematt UK Ltd, Facematt.com or any order placed with any third party for Facematt UK Ltd. product.
“Contract” means the order or order confirmation or any instrument used to qualify as a purchaser as in “Buyer” above.
“Goods” means the buyer’s order for goods or services.
“Price” means the price of the goods without postage & packing or a quotation including postage & packing.
“Faulty” means imperfect or defective but does not include damaged in transit or storage.
“Order confirmation” means the Seller’s written or Emailed confirmation or the buyers approval of proofs.
“Person” means any person or company.
“Special Conditions” means any conditions relating to orders as stated in an order confirmation or quotation.
“Terms & Conditions of Business” means our standard terms and conditions as set out in this document.
“Writing” includes written down on hard copy or Emailed and any writing on a visual display or similar device which bears the names of the sender and recipient.
2. Basis of sale
a). These terms & Conditions of Business and any Special Conditions will govern the Contract to the exclusion of any other terms including any terms & conditions to which the buyers may purport to apply in any and all documents relating to any business between Seller and Buyer.
b). Any variation of these terms & conditions and any special conditions will only bind the seller if agreed in writing between seller and buyer.
3. Orders & Specifications.
a). All goods and services are offered for sale subject to availability and subject to the seller’s acceptance of the order.
b). The seller reserves the right to reject any order without reason for doing so. No order shall be deemed accepted by the seller unless confirmed in writing.
c). The seller reserves the right to amend specifications of any goods or services without prior notice. Goods may therefore differ as a result of changes in print colours, content, packaging and general appearance.
d). The seller will attempt to accurately display the printed colours on the web site or in Emails as goods for sale or as proofs for approval but cannot guarantee that the CMYK printed item will look identical to colours viewed on a RGB screen.
e). The seller shall bear or incur no liability for any errors not corrected by the buyer where proofs have been accepted, either directly to Facematt UK Ltd. of any licensed third party.
f). Where the buyer waives any requirement to approve proofs the seller is indemnified by the buyer against any and all errors in the final printed goods.
g). Variations in colour, print quality and packaging items will be deemed acceptable due to differences in printers, equipment, paper and board, inks and packaging sources.
h). Every effort is made to assure that the quantities ordered are the quantities delivered but the seller operates on a variation of 3% plus or minus where no extra charges will be levied either way.
i). Where the seller has provided art work the seller shall incur no liability as a result of any differences from the original artwork specifications.
j). On making payment for goods the seller cannot be liable for any errors omissions or artwork errors on the finished product.
k). The seller will not be liable for any copyright, trademark, design registrations or patents for any artwork supplied by the buyer. It is the buyer’s responsibility to ensure no Intellectual Property is infringed by the buyer’s artwork and the seller will bear no liability for such.
l). The seller reserves the right to refuse any orders it warrants as unsuitable, offensive or of a political, religious racist or protest campaign nature.
4. Price and Payments
a). All quotes & prices are exclusive of VAT. VAT will be added to the final invoice where applicable. The buyer will be responsible for any other taxes and tariffs applicable in the territory to which the goods are delivered.
b). Payment must be made by PayPal, Stripe or Bank Transfer at the time of placing the order. Payment in full is required at which time the contract is deemed to be in force. No goods will be dispatched, or in the case of commissioned product, sent to print unless funds have been deposited in the sellers account. Emailed proof of payment is acceptable in the case of Bank Transfers. Any deviation from the above must be agreed in writing prior to order acceptance.
5. Lead times & Delivery
a). The sellers lead time for commissioned product is approximately 22 days from proof approval and cleared funds. This may vary depending on the time of year and current demand. Estimated lead time will be indicated at the time of enquiry. For non-commissioned goods the sellers lead time will be a maximum of 30 days from receipt and acceptance of order. In the case of large quantities ordered the order may be split into two or more deliveries in order to give the buyer product within the first 30 days. Exceptions to this would be cases of “Force Majeure”, industrial disruption, equipment failure, raw material and packaging shortages and delivery disruption.
b). Lead times are not to be seen as the essence of the contract and the seller will not bear any liability or expense sustained by the buyer arising from any delay in delivery.
c). Delivery of goods for commercial bespoke product will normally be arranged by the printer for direct delivery. Delivery destinations from Facematt UK Ltd. will be shown on the order and normal parcel post or courier will be used. Cost of carriage will be on the pre-paid invoice. The number of packaged items ordered will determine the size and weight of the order and the seller will endeavour to find the most cost effective combination.
d). It is the buyer’s responsibility to inspect the goods on delivery and sign the required proof of delivery note. Any signature on that document will constitute conclusive evidence against the buyer of receipt of the quantity of the goods and that they are free from any defect or damage. If the goods are deemed by the buyer to be damaged or defective, a description of such damage or defect must be give in writing at the time of delivery and signed by or on behalf of the buyer.
e). The seller reserves the right to make delivery of goods by instalments. The buyer will not treat the contract, as a whole, as repudiated if the seller fails to deliver any one or more of the instalments or if the buyer has a claim in respect of any one or more of the instalments.
f). Shall the buyer wrongfully fail to take delivery of the goods the seller will be under no obligation to refund monies.
6. Risk & Property
a). Any risk of damage or loss of goods will pass to the buyer on delivery of the goods.
b). Property in the goods will not pass from the seller to the buyer until the seller has received full payment for the goods as determined in the contract and all other sums which may be due in respect of the Contract as a whole.
7. Returns, Refunds & Rights of cancellation
a). The Buyer has the right to cancel an order for goods only under the following conditions:
1). The seller has failed to deliver the order for goods within 42 days of the agreed delivery date.
2). The goods are found to be Faulty or defective and the buyer has been informed in accordance with 5. d).
3). In the case of commercial bespoke goods the buyer has not approved the proofs supplied. By the nature of such goods, once approved, the contract is in force and no cancellation will be entertained.
8. Limitation of liability
a). The seller will not be liable for short delivery or Faulty goods unless the seller is notified of a claim in writing in accordance with conditions 3. h). & 5 d). In cases of a valid claim the seller, at its sole discretion, may replace the goods or refund the buyer at the contracted price.
b). The seller will not be liable for loss, damage, costs or expenses, including loss of profit, arising directly or indirectly from any failure or delay in performing any obligation under the contract by way of any event or circumstances outside the reasonable control of the seller, including Acts of God, government actions, failure of power supplies or equipment, industrial action & strikes.
c). In the event that goods are supplied by a Facematt UK Ltd. licensed printer, that printer will assume all liabilities as per the licensed printers own Terms & Conditions.
d). The seller’s liability, with respect to any claims whatsoever, shall not exceed, in aggregate, the net purchase cost for the goods as per the contract. Neither shall the seller have any liability for any loss of profits or revenue, increased costs of purchasing, or any other costs which the buyer purports to have suffered.
e). It is the responsibility of the buyer to ensure that any use of the Facematt.com website or any electronic communication medium between the parties is free from any software of a destructive or disruptive nature even if the seller has been expressly advised of such possibilities.
9. Intellectual Property
a). Facematt.com website is owned and operated by the seller and it appointed agent. Unless otherwise noted in this website, Facematt UK Ltd. owns the copyright with respect to all its content. All rights are reserved.
b). No content of this website should be construed as granting, by implication, estoppel or otherwise, any licnese or rights to use the website or any information displayed on the website.
c). Buyers should make themselves aware that Facematt UK Ltd. owns design registrations, patents, copyrights and trademarks relating to “Facematt” and “Face Mat” and that Facematt UK Ltd. will take the appropriate legal action to remedy any infringement of these rights. Buyers and Buyers clients should be aware that Facematt UK Ltd. does not accept lack of knowledge of these rights as a legitimate reason to infringe these rights in error. This extends to companies or individuals who have not directly contracted business with Facematt UK Ltd. or any of its licensees.
d). Facematt UK Ltd. logo, name and other marks associated with its products including design registrations, patents & copyrights may not be used by any other company or individual or used in connection with any product or service that is not Facematt UK Ltd., Facematt.com or “Face Mat”, which is likely to cause confusion amongst customers and clients or in any manner that disparages or discredits Facematt UK Ltd., Facematt.com. or “Face Mat”. This extends to companies or individuals who have not directly contracted business with Facematt UK Ltd. or any of its licensees. Companies should be aware that Facematt UK Ltd. does not accept lack of knowledge of these rights as a legitimate reason to infringe these rights in error.
e). The buyer acknowledges that Facematt UK Ltd. and Facematt.com, in the case of commercial bespoke product, is a service provider and is therefore immune from any liability. Facematt UK Ltd. and Facematt .com may use standard technical measures used to identify and protect its Intellectual Property.
10. Data Protection
a). Facematt UK Ltd. and Facematt.com undertakes to process all personal data acquired by it through use of its website in accordance with the principles laid down by current Data Protection legislation.
a). Contracts will be governed by and construed in accordance with English Law.
b). The rights of the seller and buyer and remedies under the contract are additional to any other rights and remedies they may have in Law.
c). Facematt UK Ltd. makes every effort to make its descriptions, specifications and information as accurate as possible but does not warrant that the content of Facematt UK Ltd. or the Facematt.com website is accurate, complete, reliable, current or error free.
d). Buyer indemnification of Facematt UK Ltd. or Facematt.com. The buyer agrees to indemnify the seller and any third party service providers and to defend and hold each of them harmless from any and all claims and liabilities, including legal fees, which may arise from the buyer’s submissions to Facematt UK Ltd. or Facematt.com or any third party, and/or from the buyers unauthorised use of material obtained through Facematt UK Ltd. or Facematt.com, and/or from the buyer’s breach of the contract or from any other loss or damage whatsoever suffered by the seller caused by the buyer’s use of Facematt UK Ltd. or Facematt.com website.