Terms Of Sale
Shimmerdisc International Limited - UK
Terms & Conditions Of Sale
Website ( Online ) & Trade ( Invoiced ) Orders
We offer, subject to our Standard Conditions of Sale, which sets out the terms of the contract between us for the supply of goods and services:- This quotation/estimate is subject to confirmation on sight of any artwork to be used in production of the product. E-mailed artwork should be suitable for PC format and in gif, jpeg, pdf or bmp files.
Shimmerdisc International Ltd reserve the right to terminate or revise any verbal or written offer in the event of the customer’s failure to furnish artwork, or other graphic material, which Shimmerdisc deem suitable for the purposes of product origination and production.
Standard Conditions of Sale
No order of the customer placed with Shimmerdisc International Ltd (hereinafter called the Company) (whether in response to a quotation or not) shall be binding on the Company unless and until it is accepted by the Company in writing.
The Company shall not be obliged to accept cancellation of accepted orders and may require payment of a cancellation charge before accepting any cancellation. Any contract made between the Company and the Customer (hereinafter called ‘the Contract’) shall incorporate and be subject to these Conditions; any other terms which the Customer shall seek to incorporate into the Contract are hereby expressly excluded. All the terms of the Contract shall be those contained expressly or by reference in the Company’s acceptance of order and any representations or warranty whether written or oral made or given prior to the date of the Contract is expressly excluded.
Price and Payment Terms
a). The price of the Goods shall be as set out in the Company’s price list or invoice but the Company reserves the right at its option to charge or credit to the Buyer the amount of any error or omission in the price as so set out. b). The Buyer agrees that the Company shall have the right at any time before delivery of the Goods to withdraw any discount and/or to revise any prices quoted if, after the company’s acceptance of the order, (1) there is an increase or decrease in the company’s generally accepted applicable prices for such (or similar) Goods, or (2) there is an increase or decrease in the cost to the Company of supplying the Goods whether by reason of exchange rate fluctuations, third party changes or otherwise.
Trade order cancellations. All our trade orders are custom manufactured and materials are purchased specifically for each project. We will only allow a cancellation of your order and a refund within 7 days after receipt of payment unless you have requested a faster delivery date and/or manufacturing has already begun. After 7 days from receipt of payment any cancellation will not result in a refund although in some cases we may offer a credit which can be used at a later date.
Returns
My purchase is damaged or defective - can I return it?
Please inspect the goods on delivery. If your purchase is damaged or defective in any way, you must contact us immediately to advise of any issues and to arrange a return, refund or replacement.
Communication Between Shimmerdisc International Ltd and the Customer during the order process
During the order process and for the purposes of sales order communication, the customer will receive an order confirmation, shipping information and order updates and a completion review communication by email.
I've changed my mind about my purchase - can I return it?
We comply fully with the UK Consumer Contracts Regulations. Should you wish to return your order, please read carefully and follow the steps below.
Returning Custom Items
Due to the customised nature of these items, in most cases we can only accept returns if:
The product is defective
The product material is not as ordered
The product has artwork design errors
Please inspect the goods on delivery and let us know immediately of any issues and to arrange for a return, refund or replacement.
Returning Stock/Non-customised Items
Non-customised products (stock items) may be returned under Consumer Contracts Regulations 2015 subject to the following
Items must be returned within 14 calendar days from delivery.
Items must be unused.
Items should be unopened in their original packaging - one bag can be opened to inspect goods.
Refunds will be processed within 7 days of the goods being received by us.
Refunds will be given as credit to the original payment method, including, where applicable, a proportion of basic carriage charges on the outbound shipment.
Where items are returned under the Consumer Contracts Regulations 2013 the cost of returning to goods is the responsibility of the buyer and is not refundable unless the goods are proven to be defective or not as ordered.
Shimmerdisc Branding and Associated Company Trademarks
All our products are designed and manufactured with the Company branding included within the design. This includes customer supplied artwork where the Company will add the relevant Company logo. The only exception to this would be an OEM agreement. Details can be found on the website.
Delivery Dates
The Company intends to use its best endeavours to comply with any date or dates for despatch or delivery of the Goods stated in the Contract but unless the Contract expressly otherwise provides, time shall not be of the essence of the Contract and such date or dates shall constitute only statements of expectation and shall not be binding. If notwithstanding that the Company has used its best endeavours it fails to despatch or deliver the Goods by such date or dates, such failure shall not constitute a breach of the Contract and the Customer shall not be entitled to treat the Contract as thereby repudiated or to rescind it or any related Contract in whole or in part or to claim compensation for such failure.
Quality, Quantity and Fitness
Unless exact quantities are specified in the Company’s acceptance of order, orders shall be regarded as completed notwithstanding a deficiency or surplus in quantity of not more than 10 percent and the Company reserves the right to adjust price accordingly. The company reserves the right to make partial deliveries. Goods in each delivery or part delivery shall be considered sold under separate contract which may be invoiced separately. Neither any non-delivery, or shortages in delivery nor any claim by the Buyer in respect of any delivery or part delivery shall entitle the Buyer to reject any other Goods. Every effort is made to ensure sound material and good workmanship, but all warranties and conditions express or implied as to materials or workmanship, or the merchantability or fitness of Goods for any particular purpose, whether such purpose be known to the seller or not, are excluded. In the event of any Goods proving defective however, the Seller is prepared at its sole option either: - a). To replace such materials free of charge, at the place of delivery and in the condition originally specified, or b) refund to the Buyer the contract price of such Goods, if required to do so, within a reasonable time, but not more than 12 months from the date of delivery. Any liability is limited to such replacement or refund and does not extend to any other expenditure incurred or to any consequential damages. For this warranty to apply the Goods must:- (i). have been accepted and paid for by the Buyer and (ii). be found upon examination by the Seller to be defective, owing to faulty materials or workmanship. The Seller accepts no responsibility for fair wear and tear, incorrect or defective storage, fitting, installation or use, unauthorised reconditioning or repair, accident, neglect or cause beyond the Seller’s control.
Interest on Late Payment
The Company shall be entitled to interest on any part of the Contract price not paid by its due date from the date of invoice until payment at the rate of 5 percent per annum above Bank of Englands Base Rate prevailing from time to time during such period.
Risk and Ownership
Delivery of the Goods shall be made to the Buyer at the place agreed between the parties and the risk in respect of all Goods shall pass to the Buyer at the time of delivery. If no place for delivery is agreed, delivery shall take place at the seller’s works immediately prior to loading for despatch to the Buyer. Ownership of the Goods will not pass to the Buyer until they have been paid for in full.
Costs
The Customer hereby undertakes to pay to the Company (on the basis of a full indemnity) all costs, charges and expenses incurred by the Company in collecting or attempting to collect any indebtedness of the Customer to the Company.
Acceleration of Payments
If the customer is insolvent or shall fail to pay any amount upon its due date then the Customer will be deemed to have repudiated all contracts and all sums owing to the company on any account shall become due and payable forthwith without any requirement for any notice to be given.
Consequential Loss
The Company shall not be under any liability whatsoever or howsoever arising from any loss of use or loss of profit, interruption of business or any other indirect, special or consequential losses of any type arising or alleged to have arisen out of any act or default of the Company in respect of its obligations hereunder. b). The Company’s aggregate liability to the Buyer hereunder or otherwise arising whether for negligence, breach of contract, misrepresentation or otherwise shall in no circumstances exceed the cost of the defective, damaged or undelivered Goods which give rise to such liability as determined by the net price invoiced to the customer in respect of any occurrence or series of occurrences.
Force Majeure
In the event of war, invasion, act of foreign enemy, hostilities (whether war has been declared or not) civil war, rebellion, revolution, insurrection or military or usurped power, the Seller shall be relieved of all liabilities incurred under the Contract wherever and to the extent of which the fulfilment of such obligation is affected, prevented, frustrated or impeded or delayed as a consequence of any such event or by statutes, rules, regulations, orders or requisitions issued by any Government Department, Council or other duly constituted Authority, including the imposition of restrictions or quotas or levies on the exportation or importation of the Goods or from strikes, lockouts, labour disputes, breakdown, natural catastrophe, fire or accident to the plant of the Seller, or a relevant supplier of the Seller, or any other cause (whether or not of a like nature) beyond the Seller’s control.
Governing Law
The contract between the Seller and Buyer is governed by English Law and the Buyer submits to the non - exclusive jurisdiction of the English courts