Terms of Business
Definitions: “The Company” is Fidelity Solutions Ltd t/a Fidelity Design & Print, Fidelity Photo, Fidelity Weddings. “The Customer” means the party, or any Person acting on their behalf, with whom the Company contracts.
Your Status
By placing an order through our site, you warrant that:
a) You are legally capable of entering into binding contracts; and
b) You are at least 18 years old.
c) That any files or artwork you send us are owned by you and have full copyright permission.
How The Contract Is Formed Between You And Us
- a) Your order constitutes an offer to us to buy a Product or Products. All orders are subject to acceptance by us, and we will confirm such acceptance to you by electronic notification at the end of the ordering process (the “Order Confirmation”). We are unable to issue an Order Confirmation until such time as the ordering process is complete. The contract between us (“Contract”) will only be formed when we send you the Order Confirmation. Once the Contract has been formed, the terms of the Contract cannot be varied without our prior written consent.
- b) As the Products will have been made to your specification or personalised by you, you will not have any right to cancel the supply of any of the Products once you have placed an order.
Price Variation
Estimates are based on the Company’s current costs of production and, unless otherwise agreed, are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs, subject to sight of artwork and extend for 30 days from date issued.
Tax
The Company reserves the right to charge the amount of any value added tax payable whether or not included on the estimate or invoice.
Preliminary Work
All work carried out, whether experimentally or otherwise, at Customer’s request shall be charged.
Copy
A charge may be made to cover any additional work involved where copy supplied is not clear and legible.
Proofs
Proofs of all work may be submitted for Customer’s approval and the Company shall incur no liability for any errors not corrected by the Customer in proofs so submitted. Customer’s alterations and additional proofs necessitated thereby shall be charged extra. When style, type or layout is left to the Company’s judgment, changes therefrom made by the Customer shall be charged extra.
Company imprint
Unless otherwise specifically requested in writing any work may carry the Company imprint which will be positioned at the Company’s discretion.
Copyright
Unless negotiated and agreed in writing, the copyright of general artwork, commissioned artwork and illustrations and anything else whatsoever prepared, developed or created by the Company shall vest in and belong to the Company . The Company may use any artwork or printing produced by itself for the purposes of promoting itself. The customer shall be responsible for obtaining all necessary authorities and consents to reproduce pictures, artwork, photographs, copyright text, fonts and/or any other reproducible materials (“Materials”) prior to instructing the Company to reproduce the same. The customer shall indemnify and hold the Company and their agents and representatives harmless against all claims, demands, actions, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of any claim (including but not limited to the defence of such claim) that the reproduction of the Materials by the Company infringes the intellectual property or other rights of any third party or misuses the confidential information of a third party.
Delivery and Payment
(a). Delivery of work shall be accepted when tendered and thereupon or if earlier, on notification that the work has been completed the ownership shall pass and payment shall become due.
(b). Unless otherwise specified the price quoted is Ex-works. A charge may be made to cover any costs involved in delivery.
(c). Should expedited delivery be agreed an extra may be charged to cover any overtime or any other additional costs involved.
(d). Should the work be suspended at the request or delayed through any default of the Customer for a period of 30 days the Company shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.
Variations in Printed Quality
Every endeavour will be made to deliver the correct printed quantity ordered, but estimates are conditional upon margins of 5 per cent for quantities exceeding 50,000 the same to be charged or deducted.
Claims
Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to the Company and the carrier within three clear days of delivery (or, in the case of non-delivery, within 3 days of despatch of the goods) and any claim in respect thereof must be made in writing to the Company and the carrier within seven clear days of delivery (or, in the case of non-delivery, within 42 days of despatch). All other claims must be made in writing to the Company within 28 days of delivery. The Company shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the Customer proves that
(a) It was not possible to comply with the requirements and
(b) advice (where required) was given and the claim made as soon as reasonably possible.
Liability
(a) Delivery times are intended as indications only, and cannot in any case be considered to constitute a formal commitment. Their non-observance cannot in any circumstances give rise to an allowance, to cancellation of the order, or a penalty for delay.
(b) The Company shall not be liable for any loss to the Customer arising from delay in transit.
(c) In case of error or defective workmanship the Company’s responsibility will be limited in all cases to the carrying out of necessary corrections or the replacement of the unsatisfactory material or at the Company’s sole discretion by reimbursement by credit or a sum of money not exceeding the actual cost of defective materials as judged by the Company. The Customer is requested not to make use of goods or materials supplied by the Company without first examining and approving them. The Company accepts no responsibility for printing work carried out with defective goods or materials supplied by the Customer. Please inform the Company of unsatisfactory goods by email at earliest convenience and supply photographic evidence or return the goods deemed unsatisfactory to the Company. The Company will investigate the customer complaint in line with the Company’s ISO9001 complaint procedures and inform you of what went wrong and a process to correct the issue.
(d)The Company shall not be liable for any goods damaged in transit by our chosen supplier. Should you receive goods damaged in transit please make a note on the delivery service docket or signature system of the delivery service and supply the Company with photographic evidence of the resulting damage so we can claim from our supplier. Without this evidence no claim can be made on your behalf and we will not enter into any agreement over replacement of goods.
Customer’s Property
(a) Customer’s property and all property supplied to the Company by or on behalf of the Customer shall while it is in the possession of the Company or in transit to or from the Customer be deemed to be at customer’s risk unless otherwise agreed and the Customer should insure accordingly.
(b) The Company shall be entitled to make a reasonable charge for the storage of any Customer’s property left with the Company before receipt of the order or after notification to the Customer of completion of the work.
Materials Supplied by the Customer
(a) The Company may reject any paper or other materials supplied or specified by the Customer which appear to them to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged except that the whole or any part of such additional cost could have been avoided but for unreasonable delay by the Company in ascertaining the unsuitability of the materials then that amount shall not be charged to the Customer.
(b) Where materials are so supplied or specified, the Company will take every care to secure the best results, but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials so supplied or specified.
(c) Quantities of materials supplied shall be adequate to cover normal spoilage.
Full colour printing
All reasonable efforts shall be made to obtain the best possible colour reproduction on customer’s work but variation is inherent in the print process and it is understood and accepted as reasonable that, the Company shall not be required to guarantee an exact match in colour or texture between the customer’s photograph, transparency, proof, electronic graphic file, previously printed matter (whether printed by Company or other party) or any other materials supplied by the customer and the printed article the subject of the customer’s order.
Data Protection
By placing an order with the Company, the customer consents to its details being passed on to for accounting and marketing purposes. The details will be kept by the Company even after the customer’s trading relationship with the Company has terminated. The Company may use the customer’s personal data to let the customer know about goods and services similar to the goods or services provided to the customer previously and any others matters that or the Company consider may be of interest to customers. (Please see our Privacy Policy for further details)
Insolvency
If the Customer ceases to pay his debts in the ordinary course of business or cannot pay his debts as they become due or being a company is deemed to be unable to pay its debts or has a winding-up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him, the Company without prejudice to other remedies shall
(i) have the right not to proceed further with the contract or any other work for the Customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the Customer, such charge to be an immediate debt due to him, and
(ii) in respect of all unpaid debts due from the Customer have a general lien on all goods and property in his possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as he thinks fits and to apply the proceeds towards such debts.
Illegal Matter
(a) The Company shall not be required to print any matter which in his opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights of any third party.
(b) The Company shall be indemnified by the Customer in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material produced for the Customer. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.
Periodical Publications
A contract for the printing of a periodical publication may not be terminated by either party unless 13 weeks notice in writing is given in the case of periodicals produced monthly or more frequently or 26 weeks notice in writing is given in the case of other periodicals. Notice may be given at any time but wherever possible should be given after completion of work on any one issue. Nevertheless the Company may terminate any such contract forthwith should any sum due thereunder remain unpaid.
Force majeure
The Company shall be under no liability if it shall be unable to perform any obligation which is owed by it to the customer for any reason beyond his control including (without limiting the foregoing) 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 contract. During the continuance of such a contingency the customer may by written notice to the Company elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
Terms of Credit
No credit is given without application by a limited business for credit account and unless otherwise agreed in writing full payment must be received by the Company not later than 30 days after the date of invoice.
The Company reserves the right to make a surcharge of 2% per month interest to accounts which are not paid by this time.
Payment for goods where a credit account is not applicable is due on completion of work and prior to despatch.
Payment for online orders will be taken with order submission except where a credit account is agreed.
Law
These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.
Variation to Terms and Conditions
These terms and conditions may be amended from time to time by the Company (but not for the avoidance of doubt by any customers). The latest version of these terms and conditions may be accessed via the Website.
Severability
If any provision of these terms and conditions is held by a court of competent jurisdiction to be invalid, void or unenforceable the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
Invalidity of other terms
Unless expressly agreed to in writing, no other terms (including those contained on any purchase order supplied by a customer) nor any representation will form part of any contract between the Company in question and the customer and these terms and conditions will, in absence of any written agreement between the Company and the customer stating otherwise, represent the entirety of the terms of such contract.