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.
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.
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.
The Company reserves the right to charge the amount of any value added tax payable whether or not included on the estimate or invoice.
All work carried out, whether experimentally or otherwise, at Customer’s request shall be charged.
A charge may be made to cover any additional work involved where copy supplied is not clear and legible.
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.
Unless otherwise specifically requested in writing any work may carry the Company imprint which will be positioned at the Company’s discretion.
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.
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.
(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 l