Terms & Conditions
dsd1. Definitions
1.1 ‘Delivery Address' means the delivery address referred to and entered by the Print Buyer into either the Billing Address or as supplied by any other means (as applicable) which has been subject to an Acceptance.
1.2 'Goods' means the goods to be supplied by the Printer (Pomegranate Creative Ltd) to the Print Buyer pursuant to the Transaction.
1.3 ‘Input Material' means the Printer's Input Material or the Print Buyer's Input Material (as applicable).
1.4 'Print Buyer' means the person for whom the Printer has agreed to provide the Goods and associated Services in accordance with these Conditions.
1.5 'Print Buyer's Input Material' means all information, data, drawings, designs, templates and layouts provided by the Print Buyer to the Printer for the purpose of the Printer performing its obligations under a Transaction. The material can take the form of electronic media received in the form of files or attachments or hard copies in the form of CD’s or memory sticks etc.
1.6 'Printer' means Pomegranate Creative Limited, a company registered in England (Reg No:- 5898 1110) whose registered office is at Unit 3, Station Enterprise, Station Road, Abergavenny, Monmouthshire. NP7 5HY.
1.7 'Printer's Input Material' means all physical and electronic information, data, drawings, designs, templates and layouts created or provided by the Printer to the Print Buyer in the course of the Printer performing its obligations under a Transaction (excluding the Print Buyer's Input Material or any material derived from the Print Buyer's Input Material).
1.8 'Services' means the printing, copying and/or reprographic services to be provided to the Print Buyer by the Printer associate and constituting the Transaction.
1.9 'Transaction Terms and Conditions' means the terms and conditions for the negotiation and conclusion of Transactions as contained in Part 2 of the membership agreement between each of the Printer and the Print Buyer and the definitions contained in Part 5 of the same agreement.
1.10 'Writing' includes facsimile transmissions, e-mails and data stored & recorded on CD’s / DVD’s and memory sticks.
2. Basis of Agreement
2.1 These terms and conditions of business (Transaction Terms and Conditions) govern every contract made between the Printer for the supply of graphic design, illustration, signage, printing or goods or services to any person, business, firm, charity or company from herein referred to as the Print Buyer.
2.2 These terms prevail over any written terms and conditions of the client.
2.3 Any variation to the terms must be agreed in writing by the Printer.
2.4 All contracts between the Printer and the Print Buyer will be governed by British and Welsh law and the parties agree to submit to the exclusive jurisdiction of the English and Welsh courts of law.
2.5 Separate Terms and Conditions of Business exist over dealings between the Printer and Buyers in respect of media relations, training, services, journalism and public relations consultancy.
3. Price and Payment
3.1 The price of the Goods shall be the agreed and details of the Print Buyers requirements confirmed during the execution of Transaction Process.
3.2 The client will pay Printbypom.com (Pomegranate Creative Limited) the fixed fee, quoted cost, including any additional cost for extra works, or the current price list charge.
3.3 The Printer reserves the right not to release Goods until payment has cleared through its bank.
3.4 The Print Buyer will be expected to pay expenses incurred by the Printer in connection with the recovery of any monies outstanding (including legal cost on an indemnity basis)
4. Ordering
4.1 The Print Buyer is responsible to the Printer for ensuring the accuracy of the terms of any order or the Print Buyer's Input Materials submitted to the Printer, including (without limitation) any applicable specification submitted to the Printer, and for giving the Printer any necessary information relating to the Goods and/or Services within a sufficient time to enable the Printer to perform the Transaction in accordance with its terms.
4.2 No Offer which has been subject to Acceptance may be cancelled by the Print Buyer which provided the Acceptance except with the agreement in Writing of the party which made the Offer.
4.3 The Printer reserves the right to refuse to accept any order and / or withdraw from any Transaction.
5. Proofs and Approvals
5.1 The Printer may at its discretion submit proofs of work to the Print Buyer for approval and it shall not be liable for any errors not corrected by the Print Buyer in respect of any such proofs.
5.2 It is the responsibility of the Print Buyer to review any such proof / design.
5.3 Without prejudice to Condition 0.0, the Printer shall be entitled to increase the price of the Goods and/or the Services to reflect any change in the Print Buyer’s instructions following the submission of proofs, including (without limitation) the cost of further proofs.
6. Price
6.1 The price of the Goods and Services shall be the price agreed between the parties in the course of the Transaction Process.
6.2 The Printer reserves the right, by giving notice to the Print Buyer, at any time before delivery in accordance with Condition 8, to increase the price of the Goods and/or the Services to reflect any increase in the cost to the Printer of supplying them which is due to any change in delivery dates requested by the Print Buyer or changes in the quantities or specifications for the Goods and/or Services requested by the Print Buyer or any delay caused by the Print Buyer or failure of the Print Buyer to give adequate information or instructions or unclear or illegible copy.
6.3 Unless agreed otherwise the price of the Goods and Services is exclusive of transport to the Delivery Address. Any change to the Delivery Address shall attract additional charges.
6.4 The price of Goods and Services is quoted inclusive of VAT (Value Added Tax) at the current rate at the time of purchase which shall be payable by the Print Buyer
7. Terms of Payment
7.1 The Print Buyer has agreed to pay the price for the Goods or Services during the execution of the Transaction Process and as a consequence accepts these Terms and Conditions
7.2 The Print Buyer is responsible for ensuring that the price of the Goods and Services is paid in full at the time of the Transaction / Invoice date. In the event that payment is not made the Printer may;
· Cancel or suspend the Transaction and any Goods deliveries.
· Apply any additional costs incurred by the Printer as a direct consequence of the payment not being made.
· Charge the Print Buyer interest (both before and after judgment) on the amount outstanding only a daily basis at the rate of 5% per annum above the Bank of England base rate until outstanding payment is received in full.
7.3 Any Transaction which has been delivered to the Printer and therefore subject to Acceptance may be cancelled by the Print Buyer. (See 17.7)
7.4 Cancellation notices should be made in writing to the Printer and will be acknowledged by the Printer on receipt.
7.5 Any cost for administration, materials, printing incurred by the Printer in the period between the Transaction and acceptance of the cancellation, will be the responsibility of the Print Buyer who will be expected to pay the expenses incurred.
8. Delivery
8.1 It is up to the Print Buyer to set themselves realistic timescales for the proofing and production printed and finished work. As well as weekends, national holidays and the constraints of normal office hours, there are elements of the creative process which cannot be fast tracked. These could include design conception, third party delivery or work commitments, design / print finishing etc.
8.2 The quoted delivery dates are a guideline and are subject to change without prior notice to the Print Buyer.
8.3 The quoted delivery dates are target times only and the Printer accepts no liability for failure to meet these times, but will always use its best endeavours to do so.
8.4 Where a Print Buyer misses a time critical deadline, which may result in missing scheduled printing slots booked on the Print Buyers behalf. This will usually result in missed delivery deadlines. In such circumstances we will use our best endeavours to minimise the impact on the client. However the onus to meet the agreed deadline is the responsibility of the Print Buyer in the first instance.
8.5 Where the Printer undertakes work in instalments each delivery shall constitute a separate contract and failure by the Printer to deliver any one or more instalments in accordance with the Transaction shall not entitle the Print Buyer to treat the Transaction as a whole as repudiated.
8.6 The Printer may at its discretion refuse to print any matter or to supply any part of the Goods and/or Services which it believes is or is likely to be contrary to any Laws or of a libellous nature or which may infringe the proprietary or intellectual property rights of any third party.
8.7 The Printer may charge the Print Buyer a reasonable fee for the storage of the Goods following the due date for delivery of the Goods if the Print Buyer refuses or is unable to take delivery of the Goods.
9. Print Finish
9.1 Unless stated by the Print Buyer, the printer will apply internal standards for print quality and print finishing / assembly quality standards.
10. Data Transmission
10.1 The Printer will not accept responsibility for loss of earning to the client for electronic data transfer failure, either sent or received.
10.2 It is solely the responsibility of the Print Buyer to ensure the reliability and performance of the receiving equipment and systems.
10.3 It is also the responsibility of the Print Buyer to ensure the correct electronic addresses are /have been supplied to the Printer.
11. PDF`s
11.1 It is the Print Buyers responsibility to supply document files, in the requested file format and set up and ready to print and correctly formatted to our specification (For confirmation please refer to the Templates and Information tab.
11.2 The Printer cannot be held responsible for consequential losses as a result of Printer Input Materials being incorrectly set up for print. (low resolution, no bleed, incorrect files etc)
12. Colour Balancing and Proofing
12.1 If no such request or reference material is provided by the Print Buyer, the Printer will print supplied images using its own judgement for colour balancing.
12.2 Print Buyers need to be aware that undertaking full colour printing using the CMYK colour printing system, it is difficult to guarantee exact colour matches with reference to Pantone colour numbers.
12.3 Print Buyers are advised that PDF proofs, when viewed on screen or printed off, are not 100% colour accurate and there may be some colour variation in tone due to lighting effects, paper specifications etc.
12.4 To guarantee absolute piece of mind in respect of colour and picture quality, the Printer advises Print Buyers to allow the time and the budget to enable us to provide full colour printer proofs in respect of landmark documents.
13. Non Delivered / Collected Work.
13.1 If any items of work including original files belonging to a Print Buyer or any Goods that may be returned as undeliverable are not claimed after 6 months of the Transaction, the Printer reserves the right to dispose of such material.
13.2 The Print Buyer shall at its own expense retain duplicate copies of all materials supplied by it to the Printer in any form whatsoever, including (without limitation) any electronic format, and insure them against accidental loss or damage. The Printer shall have no liability for loss or damage of such materials, howsoever caused.
14. Title and Risk.
14.1 Risk of damage to, or loss of, the Goods shall pass to the Print Buyer upon delivery of the Goods at the Delivery Address or collection of the Goods by the Print Buyer
14.2 Notwithstanding delivery and/or the passing of risk in the Goods, the Goods shall remain the property of the Printer until the Print Buyer has paid to the Printer all sums outstanding under the Transaction and all other contracts between the parties.
14.3 If the Goods are combined with goods the property of the Print Buyer or are incorporated therein, the product thereof shall become and/or shall be deemed to be the sole and exclusive property of the Printer. If the Goods are combined with goods the property of any person other than the Print Buyer or are incorporated therein, the product thereof shall become or shall be deemed to be owned by the Printer in common with that other person.
14.4 Until such time as the property in the Goods passes to the Print Buyer, the Print Buyer shall hold the Goods as the Printer's fiduciary agent and bailee, and shall keep the Goods separate from those of the Print Buyer and third parties and properly stored, protected and insured and identified as the Printer's property, but shall be entitled to resell or use the Goods in the ordinary course of its business
14.5 In the event of the Print Buyer becoming insolvent or having a receiver appointed of the whole or any part of its property or compounding with its creditors or going into liquidation or in the event of payment for any Goods being overdue then and in any such event it shall be lawful for the Printer, its servants, officers or representatives to enter upon the Print Buyer's premises and recover possession of any Goods of the Printer for which the Printer has not been paid and to take away such Goods.
14.6 Until such time as the property in the Goods passes to the Print Buyer (and provided the Goods are still in existence and have not been resold), the Printer shall be entitled at any time to require the Print Buyer to deliver up the Goods to the Printer, and if the Print Buyer fails to do so forthwith, to enter upon any premises of the Print Buyer or any third party where the Goods are stored and repossess the Goods
14.7 In the event of any Goods being sold or otherwise disposed of by the Print Buyer before the Printer has been paid for them in full, then the entire proceeds of sale thereof and/or any other monies received by the Print Buyer or by a factor or by any other person (except a purchaser of goods in good faith without notice of this Condition 9) in connection with the sale, disposal or factoring of the Goods or of invoices dealing with the Goods (whether such monies are received by the Print Buyer's own customers or from factors or other third parties) shall be held in trust for the Printer and shall not be mingled with other monies or paid into any overdrawn bank account and shall be at all times identifiable as the Printer's monies unless and until all monies referred to in Condition 9.2 have been fully paid. The Print Buyer shall give written notice of this Condition to any factor or other person except a purchaser of goods in good faith.
14.8 In the event of certain Goods having been paid for by the Print Buyer and other Goods not having been so paid for the onus of proof shall be on the Print Buyer to show that any Goods remaining in its possession are Goods for which it has paid.
14.9 This Condition 9 does not entitle the Print Buyer to return the Goods or to refuse or delay payment on the grounds that the property has not yet passed nor shall it constitute an agency.
14.10 The Print Buyer appoints the Printer his agent with full authority to execute on his behalf any document or instrument which may be required in order to perfect the Printer's title and interest in the Goods.
14.11 The Print Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Printer, but if the Print Buyer does so all moneys owing by the Print Buyer to the Printer shall (without prejudice to any other right or remedy of the Printer) forthwith become due and payable.
15. Copyright, Moral Rights and Consents
15.1 The Printer claims no copyright in material submitted to us for the purpose of fulfilling the clients instructions.
15.2 The client warrants that the client owns or controls all rights, has obtained all copyright, or has permission, consents and waivers that as are now and hereafter required for all copying, processing, scanning, electronic or otherwise manipulation to be undertaken by the Printer.
15.3 The Print Buyer also warrants that no copyright or moral issues will be infringed by The Printer by carrying out client instruction and in completing the work.
15.4 The Print Buyer agrees to indemnify the Printer against all losses, damages, claims or expenses which may incur by virtue of any breach of the above warranties.
15.5 Print Buyers should obtain the consent of any adult or, in the case of children, from the parent or guardian of the child, for use, reproduction and / or printing of any photograph featuring that person. The Printer cannot be held liable for any infringement of privacy, or any damages arising from, the use of such photographs.
16. Copyright Ownership
16.1 The Printer retains and has full copyright with regard to the content of any design, print or graphical creation generated. Copyright is retained by the Printer regardless if the material is being proofed, or if the creation has been completed. Copyright is retained by the Printer unless alternative arrangements have been made and previously approved in writing.
16.2 Payment of the final invoice does not transfer copyright ownership. The copyright ownership is retained by the Printer unless alternative arrangements have been made and previously approved in writing.
17. Liability
17.1 The Print Buyer must contact the Printer, concerning the details of any invoice, or any complaint, within 7 days of the date of the Transaction. Letters of complaint should be supplied with the Print Buyers address and signed on behalf Print Buyer on behalf of the person, firm, charity or organisation.
17.2 Where it is mutually agreed that sub-standard work should be reprinted in whole or in part, the Print Buyer should arrange for all items to be returned completely in unopened cartons / boxes.
17.3 The use by the Print Buyer of any items regarded as sub-standard will be deemed by the Printer as acceptance by the Print Buyer that the material is fit for use and full payment will be expected.
17.4 The Printers liability to the client or any other party for the loss including theft, destruction or damage to any material provided by the Print Buyer which are deposited with The Printer for whatever reason, will be limited to the replacement cost of the actual material.
17.5 The Printer will not be liable for the cost of re-shooting, recreating, regenerating or reprinting the material contained on / in the material.
17.6 The Printer will not be liable for any loss or damage to the client or any other party including loss of income and it is the Print Buyers responsibility to insure against such losses and damage.
17.7 The Printer will not be liable for failing to complete any contract between the Printer and the Print Buyer due to circumstances beyond the control of Printer, including loss of power, machine breakdown, loss of materials, fire, storm, flood, act of god, war, civil disturbance or terrorism.
17.8 The Printer shall be under no liability in respect of any defect in the Goods and/or Services arising from any drawing, design or specification supplied by the Print Buyer.
17.9 The Printer shall not be liable for indirect loss of profits, loss of data, goodwill or any other type of special, indirect or consequential loss or third party claims occasioned by delay in delivering the Goods and/or Services or for any loss to the Print Buyer arising from delay in transit, whether as a result of the Printer’s negligence or otherwise.
17.10 Where the Goods and/or Services are defective for any reason, including negligence, the Printer’s liability (if any) shall be limited to rectifying such defects at its own expense. Where the Printer rectifies defective work the Print Buyer shall not be entitled to any further remedy or claim in respect of the work done.
17.11 Advice of damage, delay or partial loss of Goods in transit or of non-delivery must be given in Writing to the Printer within three days of delivery or performance (or, in the case of delivery, within three days of the date that the Goods were due to be delivered and, in the case of partial non-delivery, within 14 days of the date that the Goods are delivered). Any such claim must be made in writing to the Printer within seven clear days of delivery or performance (or in the case of non-delivery within 14 days of despatch).All other claims must be made in writing to the Printer within 14 days of delivery or performance. The Printer shall not be liable in respect of any claim unless these requirements have been complied with except in any particular case where the Print Buyer proves that (i) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as reasonably possible.
18. Force Majeure
18.1 The Printer shall not be liable for any failure or delay to carry out the Transaction for any reason beyond its reasonable control, including (without limitation), act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the Transaction.
19. Breach and Insolvency
19.1 If either party makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction).
19.2 If an encumbrancer takes possession, or a receiver, is appointed of any of the property or assets of either party.
19.3 If either party ceases, or threatens to cease, to carry on business; or
19.4 If either party reasonably apprehends that any of the events mentioned above is about to occur in relation to the other party and notifies the other party accordingly.
19.5 If either party commits a material breach of its obligations under these Conditions or this Transaction which (in the case of a breach capable of remedy) is not remedied within 20 Working Days of receipt of a written notice to remedy the same. then without prejudice to its other rights and remedies under these Conditions and/or at law the party not affected by the circumstances described in this Condition 13 shall be entitled to cancel the Transaction and/or suspend any further deliveries under the Transaction without any liability to the other party, and if the Goods and/or the Services have been delivered but not paid for, the price of them shall become immediately due and payable.
20. Returns
20.1 Under Regulation 9 of the protection (Distance Selling) Regulations “Services performed through the use of a means of distance communication” the printer shall invoice the print buyer at the agreed rate. All services completed will be charged at that rate and the printer will not refund any of that value. The printer will pay a full refund for all services cancelled in writing at any time before the printer commences the service. The printer will pay an apportioned refund for any part completed services. The print buyer can address any complaints to Pomegranate Creative Ltd, Unit 3 Station Enterprise, Station Road, Abergavenny. NP7 5HY,
20.2 The Buyer has the right to cancel their order for any item purchased on this web site for a full refund anytime before adding the job to account or sending the job to print. Subject to goods falling under regulation 7(vi) the existence of a right of cancellation except in the cases referred to in regulation 13; specifically regulation 13(c) where the print buyer will not have the right to cancel the contract by giving notice of cancellation pursuant to regulation 10 in respect of contracts for the supply of goods made to the consumer's specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly; in all other instances the Buyer must e-mail or write a cancellation to the Company within seven days of delivery of the item(s) quoting the order number. The Buyer is obliged to take reasonable care of the items and return them in an unused condition with the original packaging and accompanied by the original receipt. The Buyer is obliged to return the goods at their own cost within 30 days; the Company will not refund this cost. The Buyer is responsible for the goods until they are back in the possession of the Company, the Buyer must claim for any damages caused on the return, from the courier used. If the goods are not returned in an unused condition then the right to a full refund is forfeited.
21. Discounts
21.1 It is not the policy of the Printer to give discounts, refunds or partial.
22. Charitable Giving Policy
22.1 We as the Printer have a corporate charitable giving policy. Generally we support regular charitable events where we enjoy the status of sole provider. Please contact us for details
23. Amendment
23.1 These Terms and Conditions may be changed, amended or altered in part or in full, and without warning by the printer. It is the responsibility of the Print Buyer and his / her staff to read and understand these Terms and Conditions.
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