INK EMPORIUM TERMS & CONDITIONS OF SALE

GENERAL

Ink Emporium is pleased to accept orders subject to following Terms and Conditions of Sale. Unless expressly agreed in writing, any alteration to these conditions will not apply. For this document, the terms “you” and “your” refer to the buyer and “us”, “our” and “we” refers to the seller, Ink Emporium. “Days” refers to working days, being Monday to Friday inclusive excluding Bank Holidays, unless otherwise stated.

1. QUOTATIONS

All quotations are valid for one calendar month from the date of issue and are subject to stock availability. Quotations are for the sole use of the addressee and we reserve the right to withdraw a quotation, which has been passed by you to a third party.

2. DELIVERY AND COLLECTION OF GOODS

In normal circumstances:

(a.) We aim to deliver orders within a maximum of five working days but we cannot be held liable for any loss caused by late delivery. If we do deliver late you are not entitled to regard this as a breach of contract.

(b.) Goods will be delivered to the delivery address supplied when placing your order. You are considered to have given authority to any person who actually accepts delivery at the delivery address.

(c.) If we, or any agent acting on our behalf, cannot deliver to the delivery address, then we may either store the goods and deliver at a later date, or return the goods back to stock and deliver similar goods later.

(d.) You are obliged to provide adequate labour and facilities at the delivery or collection address to load or unload the goods without undue delay. We reserve the right to seek compensation for any loss we suffer arising from delivery or collection or non-delivery or non-collection of the goods. If it is neither our fault nor that of our agent, that any delivery or collection is delayed or cancelled then we reserve the right to charge you for any extra costs we may incur.

(e.) If we part deliver to you, then each part delivery is a separate contract. If full payment is not made to us at the proper time for orders which have already been partly or fully delivered, then we reserve the right to withhold or cancel delivery of any other of your orders which have not yet been partly or fully delivered.

(f.) Our advertised prices include delivery charges but not VAT (unless stated) nor insurance in transit. We will charge you extra for insurance in transit if required.

4. PRICES

All prices are quoted exclusive of Value Added Tax (VAT) unless otherwise stated. VAT values will be listed separately on all invoices at the rate applicable on the tax point date. The tax point date will be the issue date of the invoice.

5. PAYMENTS

Unless otherwise stated, invoices must be paid within 30 calendar days of their issue date. If you have not paid in full by that date then:

(a.) We will be entitled to charge you interest at 3% above the current base lending rate of Lloyds TSB Bank, compounded daily, on the amount outstanding until it has been paid in full.

(b.) We reserve the right to sue you for unpaid monies due and any costs incurred, whether or not property in the goods has passed to you.

(c.) If you have any dispute or counterclaim against us, you will not be entitled to make any reduction in, or deferment of, payments due because of that dispute or counterclaim.

6. DATA PROTECTION

In the course of trading with us you will supply data which we collect and retain. Some or all of that data may be personal data which is subject to the Data Protection Act 1998. The data you supply to us will be processed by us to execute your order, monitor your account, select and send to you marketing material and periodically to conduct trade and bank reference enquiries or other credit checks. This may involve the disclosure of your data to and from third parties. You consent to the processing of your data for those purposes when you trade with Ink Emporium. You have the right to request copies of any of your data held by Ink Emporium for your reference or correction at any time. Ink Emporium reserves the right to make a nominal administration charge for supplying or amending this data.

7. WARRANTY

(a.) All goods supplied by us are warranted to be of sound workmanship and materials and suitable for the purpose for which they are designed under fair conditions. Our liability under this Warranty is limited to the replacement or issue of credit against any goods acknowledged by us to be faulty, provided that the fault(s) was/were not caused by your misuse or your negligent handling of said goods.

(b.) In order to make a claim under this warranty you must follow our Returns procedure:

Contact Ink Emporium to report problem and obtain Returns Number

Return goods within 30 days of the order date:
(i) in good order and condition
(ii) in their original packaging
(iii) carriage paid
(iv) to the address advised by us for this purpose

No carrier has authority to accept goods for collection or return unless we have agreed in advance. Under no circumstances will we be responsible for loss or consequential damage arising from the failure or defect of our goods.

If you return the goods in order to make a claim under clause 7(b) above and, in our opinion, those goods turn out to be fault free or damaged by reason of your misuse or negligent handling of them, then we will give you 10 days written notice to make arrangements to collect the goods.

You may collect the goods in person or make arrangements for your own carrier to collect them. You will remain liable to pay for the goods in full. We reserve the right to make arrangements to return the goods to you after the 10 day period, charging you our carriage and administration costs.

Alternatively, at the end of the 10 day period, your non-compliance with our request for instruction will lead us to assume that you have given us unconditional authority to dispose of the goods as we see fit.

8. RETURN OF UNWANTED GOODS

Entirely at our own discretion, we may fully refund unwanted products, and products ordered in error, if returned to an address given by Ink Emporium, in a resaleable condition. We define resaleable condition as unmarked, unopened, unused in any way with factory seals (where appropriate) unbroken and intact.

9. CATALOGUES AND BROCHURES

All details of our goods, including descriptions and illustrations, provided by us in websites, catalogues, brochures, price lists or any other reference are intended for general guidance only and do not form part of any contract between you and us. We accept no liability for any error or omission in details of any goods advertised or supplied and cannot be held liable, in any circumstances, for any loss or damage resulting from your reliance on any such details (including descriptions and illustrations).

10. FORCE MAJEURE

We reserve the right to cancel an order or suspend or delay delivery of it, without being liable for any loss or damage, if supply of the goods is prevented or delayed by reason of war, (whether declared or not), civil strife, riots, adverse weather conditions, fire, flood, labour disputes, accidents or any other causes or circumstances beyond our control.

11. SHORTAGES, DAMAGES, DISCREPANCIES, AND/LOSS IN TRANSIT

We will, strictly at our discretion, refund, replace or issue credit where goods have been lost, wrongly delivered, damaged in transit or delivered short. We will only consider claims which are made in writing to us within 3 days of the date of delivery. If goods have been lost in transit you must also inform the carrier in writing within that period. If goods have been damaged or supplied short, then you must keep those goods in one place, separate from any other goods and let us inspect them if we wish before we decide what action to take. If a whole consignment of goods is lost then you must inform us in writing within 10 days of the invoice date.

12. RETENTION OF TITLE

(a.) General: Notwithstanding delivery of the goods, we will still own them until you have paid for them in full in accordance with this contract and until all money owed by you to us pursuant to any other contract between us has been paid to us in full.

(b.) Sale of the Goods: You are allowed to sell on the goods in the ordinary course of your business and if you do, title to the goods sold will pass to the person who buys them from you on delivery to them. If you sell the goods to a third party before you have paid for them then you will hold the proceeds of that sale on trust for us pending payment. We will have the right to require you to direct the third party to pay the money they would have paid to you directly to us instead and at our request you will assign to us any rights or claims you have against your customers in relations to the goods.

(c.) Storage: Goods which are in your possession will be held by you as bailee. You must keep the goods separate and clearly identified as our property until you have paid for them.

(d.) Insurance: After delivery, and until payment for them to us has been received, you must keep the goods fully Insured. If the goods are subsequently lost, damaged or destroyed then you must hold the proceeds of the Insurance for and to our order pending payment. If the goods are so destroyed you are not entitled to delay paying us until the insurer of the goods has paid you.

(e.) Recovery of goods: We, or agents acting on our behalf, may enter your premises without notice and recover the goods which have not been paid for in full. As between you and us, this sub-clause constitutes your authority for us to enter on the premises of any other person holding the goods on your behalf and on whose property the goods may be and remove the goods.

13. YOUR BANKRUPTCY OR DEFAULT

For any of the following reasons, we will have the immediate right to cancel in writing any contract we currently have with you without prejudice to any claim or right we might otherwise have. If:

(a.) you fail to honour any of your obligations to us under this contract, or you breach them, or

(b.) any distress or execution is levied on you, or

(c.) you offer to make an arrangement with your creditors or commit any act of bankruptcy or if any petition in bankruptcy is presented to you, or (if you are a listed company) any resolution or petition to wind up such a company’s business (other than for the purposes of amalgamation or reconstruction) is passed or presented

14. PROVISION OF SERVICE

We reserve the right to refuse to serve any customer at our own discretion after providing the customer with fair notice of withdrawal of our services.

15. INTERPRETATION AND VALIDITY

Only English law will govern the construction, validity and performance of this contract, and the English Court will have exclusive jurisdiction. The interpretation of any clause or sub-clause above will not in any way be limited or restricted by reference to or inference from any other clause or sub-clause is unenforceable according to its terms then the others will remain in full force and effect.