Terms and Conditions
1. In these Conditions unless the context otherwise admits:
1.1 "Buyer" means the person whose order for the sale of goods is accepted by the Seller.
1.2 "Seller" means The Card-Company Limited Trading as The Card Company of The Barn Bangle Farm, Stoney Lane, Chantry, Frome, England, BA11 3LH.
1.3 "Goods" means the articles which the Buyer agrees to buy from the Seller.
1.4 "Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller. By accessing or using the Seller's website you are agreeing to comply with and are bound by the Conditions. If you are not agreeable to the Conditions then please do not use the Seller's website.
1.5 "Contents" means the names images pictures logos icons documents and materials from time to time on the Seller's website.
2. These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order confirmation of order or similar document.
3. All other terms and conditions expressed or implied by statute or otherwise are excluded to the fullest extent permitted by law.
4. Nothing in these terms and conditions shall affect the statutory rights of any consumer.
5. Proofs, where applicable, will be submitted for the Buyer's approval. The Seller shall incur no liability for any errors not corrected by the Buyer in proofs so submitted. Any Buyer that is shown a proof and fails to see and correct an error has accepted that error on his work and can under no circumstances disclaim payment.
6. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these terms and conditions. It is the responsibility of the Buyer to read these Conditions carefully and raise any problems before an order is placed.
7. The Buyer shall be responsible for ensuring the accuracy of the details provided on the order form. The Seller will not be obliged to accept an order unless all details requested on the order form have been entered correctly.
8. No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until the Seller confirms acceptance of the order in writing or by email or by telephone.
9. The Seller is entitled to refuse any order placed by the Buyer and will not be required to provide an explanation.
10. The Goods may differ slightly from the images shown in the brochure or on the website of the Seller.
Price and Payment
11. The price of the Goods will be the price quoted by the Seller and will exclude VAT and delivery in the United Kingdom unless specified otherwise.
12. The Seller reserves the right by giving notice to the Buyer at any time before delivery to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond his control (such as without limitation, any foreign exchange fluctuation, significant increase in the cost of labour, materials or other costs of manufacture).
13. In the unlikely event of there being an increase in the price of the Goods, the Buyer shall be entitled to cancel the order at any time before the delivery.
14. The Buyer shall pay the price of the Goods without any deduction to the Seller on receipt of the Seller's invoice.
15. If the Buyer fails to make any payment on the due date then interest shall accrue on the amount unpaid from the date when payment becomes due from day to day until the date of payment at a rate of 5% per annum above Barclays Bank Plc's base rate from time to time in force and shall accrue at such a rate after as well as before any judgment.
16. In the event that a trading discount is granted the Seller reserves the right to charge the discount back to the Buyer if the Conditions as to payment are not met.
17. The Seller reserves the right to withhold further deliveries until all arrears of payment have been paid. The Buyer's credit facility may be terminated by the Seller at any time without notice and without any explanation from the Seller.
18. Title to the Goods are not passed to the Buyer until receipt by the Seller of payment in full of the price of the Goods.
19. The Goods will be delivered to the Buyer at the address provided by the Buyer on the order form.
20. The Buyer should note that the Seller is only able to deliver to locations within the United Kingdom at present.
21. The risk in the Goods shall pass to the Buyer upon delivery taking place.
22. Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay for delivery of the Goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by the Seller in writing. The Seller shall be entitled to make partial delivery or deliveries by instalments and to invoice the Buyer for such deliveries as are made.
Return of Goods
23. The Buyer will inspect the Goods as soon after delivery as is reasonably practicable and will notify the Seller of any shortages defects in the Goods or any other complaint in respect of them within five working days from the date the Goods were delivered. Save in respect of any shortages or defects if the Buyer fails to comply with this clause the Seller will not be held legally liable in respect of any other complaint which should have been brought to the attention of the Seller within this period.
24. If you wish to cancel an order, cancellation will depend on the status of the order. If you have not ordered a proof, your cards will go straight into production, therefore your order cannot be cancelled and you will be charged the full cost of the order. If you have requested a proof, you can cancel your order at anytime, prior to approving your proof and you will not be charged. Once you have approved the proof, your order will go straight into production, it is then too late to cancel your order and you will be charged the full cost of the order.
25. The Buyer warrants that all details provided on the order form for the purposes of purchasing the Goods are correct.
Limitation of liability
26. The Seller will use all reasonable endeavours to carry out his obligations within a reasonable period of time but will not be liable to the Buyer for any loss costs or expenses arising directly or indirectly from any delays in doing so and the Seller will not be deemed to be in breach of the Conditions by reason of any delay in performing, or any failure to perform, any of his obligations in relation to these conditions, if the delay or failure was due to any cause beyond his reasonable control. Without prejudice to the generality of the foregoing the following will be regarded as causes beyond the Seller's reasonable control:
a. Act of God explosion flood tempest fire or accident;
b. War or threat of war sabotage civil disturbance or acquisition;
c. Strikes lockouts or other industrial actions or trade disputes;
d. Difficulties in obtaining raw materials labour fuel parts or machinery;
e. Power failure or breakdown in machinery.
If the Seller is prevented from carrying out his obligations in the above circumstances he will notify you in writing. If the Seller is prevented from carrying out his obligations three weeks from the date such notice was sent then either party may give written notice to the other cancelling the order. If the order is cancelled in this way the Seller accepts no liability to compensate the Buyer for any loss or damage caused by failure to perform.
27. Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12 as amended) the Seller does not give any warranty guarantee or indemnity as to quality fitness purpose or otherwise of the Goods.
28. Except in respect of death or personal injury caused by the negligence caused by the Seller's negligence the Seller will not be liable to the Buyer for any loss of profit or any indirect special or consequential loss damage costs expenses or other claims which arise out of or in connection with the supply of goods other than as a result of a breach of an obligation arising under the Sale of Goods Act 1979 (as amended) and the Supply of Goods and Services Act 1982 (as amended).
Brochure and Website
29. The Seller will attempt to ensure that the information available in the brochure or on the website of the Seller at any time is accurate. However the Seller will not be held liable for any errors or omissions. The Seller will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of them.
30. All descriptive matter, colour and specification of the Goods in the brochure or on the Seller's website are for the sole purpose of giving an approximate description of the Goods.
31. The Seller may change suspend or discontinue any items in the brochure or on the Seller's website without notice or liability.
Use of the Seller's website
32. You agree to access the Seller's website solely for the purposes for which it is intended and not to use the site for any illegal purpose or in a damaging, objectionable or harmful manner or in any way which interferes with the administration of this site. You may not copy (other than a copy for personal use), modify, distribute, transmit, display, perform, reproduce, transfer, resell, or republish any of the Contents of the Seller's Website without the prior written consent of the Seller which may be withheld in its sole discretion.
33. You agree that you will not make any misrepresentation as to your identity or authority. Unauthorised use of all or any part of the content of this site or access to its back-up administration is unauthorised and may be the subject of criminal or civil proceedings. In using the Seller's website outside England and Wales you are entirely responsible for compliance with local laws or jurisdictions elsewhere and will keep the seller fully indemnified against all actions, damages and compensation paid by the Seller as a result of any breach or of these terms and conditions.
34. Under no circumstances will the Seller be liable for any damages whether under a contract tort or any other theory of liability arising in connection with any party's use of the Seller's website or in connection with any failure of performance error omission interruption defect delay in operation or transmission computer virus line system failure loss of data or loss of use related to the Seller's website or any website operated by any third party.
35. Except where otherwise expressly noted all Contents of the Seller's Website are the sole and exclusive property of the Seller.
36. The Seller may establish links between his website and one or more websites operated by third parties. The Seller has no control over any such other websites, the contents therein or the products or services offered. The existence of any such links shall not constitute an endorsement, representation or warranty by the Seller of such websites, the contents of the websites, the products or services of the websites or the operators of the websites. The Seller disclaims responsibility for the privacy policies and customer information practices of third-party internet sites hyperlinked from our site.
37. The Seller may from time to time change alter adapt add or remove part or parts of the Conditions but if he does so he will notify you of any such changes in writing.
38. If any provision of the Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question will not be affected.
39. This contract is subject to the law of England and Wales and the parties agree to submit to the non exclusive jurisdiction of the courts of England and Wales.
40. The headings in the Conditions are for convenience only and will not affect their interpretation.