Terms & Conditions
CardsWorld (4C/Charity Christmas Card Council) Terms & Conditions
1. These terms and conditions shall apply to all orders to the exclusion of any other terms and conditions on which any enquiry or order has been given to 4C or subject to which an order is placed or purported to be placed by the Buyer. Only orders made directly to 4C are valid.
2.1 No variation to an order or these terms and conditions shall be binding unless agreed in writing between 4C and the Buyer.
2.2 Estimates are based on 4C’s current costs of production and, unless otherwise agreed, are subject to amendment at any time after acceptance to meet any rise or fall in such costs. 4C will not be bound by any verbal price estimate. A quotation is only binding upon sight and receipt of artwork.
2.3 A charge may be made for all work carried out, whether experimentally or otherwise at the Buyer’s request, even if the Buyer does not place an order for finished product.
2.4 A charge or additional charge may be made for work required where a copy supplied inadequate, or imprecise or inaccurate in specification.
2.5 In entering into this contract, the Buyer hereby acknowledges that the contract has not been induced by any representation orally or in writing by 4C, their employees or agents.
3. The following expressions shall have the following meanings: “the Logo” The logo of 4C; “the Name” CardsWorld / 4C; “the Products” Any products ordered from 4C whether on a 4C order form or the Buyer’s purchase order.
4. The quantity and description of the Products shall be as specified in the Buyer’s Order Confirmation which shall constitute contractual acceptance.
5.1 The Buyer has no right to reproduce the Products, the Name, or the Logo and copyright design rights or any other intellectual property rights therein shall be and remain the exclusive property of 4C.
5.2 The Buyer shall not at any time do or suffer to be done any act or thing which may adversely affect the right of 4C in relation to Logo, the Products, or any registrations there to which directly or indirectly may reduce the value of, or reduce the reputation of the Products, or 4C.
5.3 Metal, film and other materials owned by 4C and used by it in the production of type, plates, moulds, stereotypes, electrotypes, film-setting, negatives, positives and the like shall remain 4C’s exclusive property. Such items when supplied by the Buyer shall remain the Buyer’s property, but are held by 4C at the Buyer’s risk.
6.1 Once a Buyer places an order, if 4C accepts the order, but not otherwise, it will send the Order Confirmation to the Buyer at the Buyer’s address provided and the parties will be deemed to have contracted at the time of despatch of the order confirmation (and whether or not the Buyer receives the same).
6.2 Orders will be confirmed within 3 days of receipt by e-mail or first-class post. If a Buyer has not received an Order Confirmation within 5 days of sending an order to 4C, it is the Buyer’s responsibility to contact 4C. Any errors in the order confirmation must be notified to 4C within 2 days of receipt. Without any instructions to the contrary, the Buyer shall be deemed to have accepted the details contained in the contract as correct. The order will be printed consistent with the Buyer’s clear written instructions.
7. Proofs, where applicable, will be submitted for Buyer’s approval, as per Clause 6.2 and 4C shall incur no liability for any errors not corrected by the Buyer in proofs so submitted. Buyer’s alterations and additional proofs necessitated thereby shall be charged extra. When style, type or layout is left to 4C’s judgement, changes therefrom made by the Buyer shall be charged extra. Any client that is shown a proof and fails to see and correct an error has accepted that error on his work and can under no circumstances disclaim payment.
8. Prices shall be exclusive of any applicable value added tax and inclusive of all charges for packaging, packing, shipping, carriage, insurance and delivery of Products to an address within the UK mainland and any duties, imposts or levies other than value added tax. VAT is payable on all orders at 20% (if the rate of VAT changes, we reserve the right to alter the VAT amount).
9. Advice of fault, damage, partial loss of goods in transit or of non-delivery must be given in writing to 4C within three working days of delivery (or in the case of non-delivery, within 7 days of despatch of the goods). Any claim in respect thereof must be made in writing to 4C within seven clear days of delivery (or in the case of non-delivery, within 28 days of despatch. All other claims must be made in writing to 4C within 7 days of delivery.
10. 4C shall not be liable for indirect or consequential loss to the Buyer or from third party claims occasioned by errors in carrying out the work or by delay in delivery. In any event the extent of 4C’s liability shall be limited to the contract price.
11.1 Subject to prior payment, or agreed credit terms the Products shall be delivered a maximum of 28 days from the date of such Order Confirmation. 4C will endeavour to ensure that the Products are delivered within the time specified, but accepts no liability for any delay for which liability is expressly excluded.
11.2 When credit is agreed payment for the Products is due 14 days after receipt of the invoice that 4C will render after receipt of the Buyer’s Order and prior to and as a condition precedent to delivery.
11.3 4C reserves the right place an additional charge of 10% of the order price on all invoices that remain unpaid 14 days after the invoice date.
11.4 If a discount is offered by 4C to the Buyer, it remains valid only for 14 days from date of invoice.
12. The Buyer shall be entitled to reject within 7 days of delivery any Products which are not in accordance with the Order but shall not be entitled on any other grounds to return any Products. As customers card orders are ‘personalised’ we are not able to accept cards returned.
13. 4C shall be under no liability if they are unable to carry out any provision of the contract for any reason beyond their control (without limiting foregoing), Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action required for the performance of the contract. During continuance of such a contingency, the Buyer may by written notice to 4C elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
14. Risk of damage to or loss of the products shall pass on delivery to the Buyer. Ownership of the Products will pass to the Buyer when payment has been received and cleared.
15.1 4C gives no warranty express or implied in respect of the quality of the Products or their fitness for any particular purpose and all and any conditions terms or warranties implied by statute with regard to the foregoing are expressly excluded.
15.2 The liability of 4C in supplying any Products that do not conform to the Buyer’s description in an Order shall be limited to the replacement (free of charge) of that Product.
16. 4C shall be entitled to cancel any Order without liability, by giving notice to the Buyer at any time if:
16.1 the Buyer makes any voluntary arrangements with its creditors (within the meaning of the Insolvency Act 1986) 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 purpose of amalgamation or reconstruction); or
16.2 an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or
16.3 the Buyer ceases, or threatens to cease, to carry on business; or
16.4 the Buyer fails to pay for any of the Products when due;
16.5 the Product becomes unavailable, and the Buyer does not accept an equivalent Product.
17. The supply of the Products and these Conditions shall be governed by the laws of England and the parties agree to submit to the exclusive jurisdiction of the English Courts.
18. If in the case of unforeseen circumstances beyond our reasonable control, we are not able to despatch your order we will contact you and you may cancel your order.
19. The Products shall remain our property and ownership of the Products shall not pass to you until their full price has been paid to us, together with the full price of any other Products you have agreed to buy from us.
20. CardsWorld Limited is a limited company incorporated under the laws of England and Wales. Its registered address: CardsWorld Limited, 49 Cross Street, London, N1 2BB.
21. If you fail to make payment with your order for credit/debit card payments or fail to make your payment after your order but before delivery for cheque or postal payments and either the Products have not been delivered to you or you have ordered more Products from us, we may withhold any deliveries to you to the value of the outstanding sum until you have paid all sums owed to us.
CardsWorld Ltd (2009)