In these Terms and Conditions, the following words have the following meanings:
“the Company” means Merch Box Company (Company number 8267238) whose office is First Floor, Cedar Court, Grove Park, White Waltham, Berkshire SL6 3LW.
“Contract” means the agreements between the Company and the Purchaser for the purchase of the Goods and incorporating these terms and conditions and any special conditions detailed in the Order or on the website.
“Goods” means the goods to be supplied or procured by the Company and purchased by the Purchaser on the terms of the Contract.
“Order” means the purchase order containing details relating to the Goods and Contract.
“the Purchaser” means the person, firm, company or other organisation purchasing the Goods from the Company.
“Force Majeure Event” means circumstances or events outside of the Company control.
“the Website” means the Company website which is www.merchbox.co which is run and operated by the Company and on these Terms and Conditions stated.
2.1 The Company do business upon and subject to these general conditions which will be deemed to be incorporated into all Contracts between the Company and the purchasers to the exclusion of any other terms and conditions of the Purchasers.
2.2 A quotation shall only constitute an invitation to treat. All Orders are subject to acceptance by the Company, the Purchasers acceptance of delivery of said acknowledgement of Orders shall be deemed to include acceptance of these general conditions.
2.3 Only written quotations sent by the Company shall be accepted at the time of Order. Prices given over the telephone shall not be accepted by the Company.
2.4 Prices on the Quotation Form are subject to sight of artwork. If the Purchaser requires a confirmed price, please send final artwork.
2.5 Telephone Orders must be confirmed in writing by letter, fax or email. No responsibility will be accepted if this is not done.
2.6 When ordering Goods from us it is deemed that the Purchaser is in acceptance of the Terms and Conditions stated. The Purchaser is also in acceptance of the prices quoted on the written quotation and the delivery conditions stated at the time of Ordering.
2.7 The Order is only deemed accepted by the Company when we notify you by email with a Sales Order. The Sales Order will have a confirmation of the price and an estimated delivery date. The delivery date will be confirmed once we have approval of your Order (the delivery date may be subject to change because of a Force Majeure Event – we will endeavour to inform you of such delays). As well as the Sales Order the Company will also attach the Purchaser’s original artwork providing an opportunity for the Purchaser to check that the Company has the correct artwork to avoid any unnecessary delays. It is the Purchaser’s responsibility to make sure that the Sales Order and the attached Artwork is correct. Any corrections must be notified by email to the Company, any delays that arise due to incorrect information on the Sales Order or incorrect Artwork is the responsibility of the Purchaser.
2.8 All printed Goods require the Purchaser to send Print Ready, high quality Artwork that has been vectored and outlined in either hi res JPEG (when appropriate), EPS or AI files. The Company shall not take responsibility for delays that have arisen due to incorrect artwork.
2.9 When Purchaser has confirmed the Sales Order and Artwork the Company will send a Design Approval Form. If the Design Approval Form has not been sent within 24 hours, please check with the Company. The details on this form need to be checked by the Purchaser carefully as this Approval forms the basis of production of the Goods. When checking the Design Approval Form please note that the colours on your screen are not an accurate representation of the final product colours due to individual screen resolutions, please check the pantone references.
2.10 The Design Approval Form, forms the basis of production and is the Purchaser’s responsibility, not the Company, to check all the details on the Form, including spellings and grammar and the like, before an approval is made. Any mistakes found once an approval has been made is at the Purchaser’s cost.
2.11 The Company cannot guarantee the pantone colour of the final product due to the nature of materials used. The Company will aim to match the pantone as close as possible to the Purchaser’s requirement.
2.12 The Company cannot guarantee that the Goods will be the same as previously supplied, they may be subject to variances of colour, size and/or material. General samples of the product are available on request to check for size, materials etc.
3. BASIS OF THE CONTRACT
3.1 All illustrations contained in the Company’s brochures, catalogues, advertisements or price lists are approximate only and are intended merely to give a general idea of the Goods described therein and shall not form part of the contract.
3.2 These terms and Conditions apply to all purchases of Goods from the Company whether it’s Website, by telesales, facsimile, e-mail or otherwise.
3.3 Orders will not be processed by the Company until they have received a signed copy of the Sales Order Form, Artwork Approval Form, and full payment for the Order unless otherwise agreed with the Company.
4.1 Failure by the Company at any time to enforce any of the provisions of these general conditions shall not be construed as waiver by the Company of such provisions or in any way affect the validity of these general conditions.
5.1 All prices shall be as per the Company’s price list current at the date of this dispatch and all prices are exclusive of VAT. All prices are subject to increase without notice owing to circumstances beyond the Company’s control.
5.2 When quoted with pricing that includes FREE Set Up and FREE Bulk Delivery, the delivery includes a standard delivery to 1 UK Mainland Address. If details are required about standard deliveries, please contact the Company. If the Purchaser requires non-standard, multiple deliveries or deliveries outside of the UK there will be additional charges.
5.3 The total Price for the goods ordered will be confirmed on the Sales Order Form, unless the specification changes at time of Approval, at which point a new Sales Order will be sent and this will supersede the existing one.
6. VARIATION IN QUANTITY
6.1 The Company shall use all reasonable endeavours to deliver the Goods ordered and detailed in the Order but there shall be allowed a variation of up to ten per cent (10%) in the quantity of the Goods per Order. In the event of such variation the Company reserves the right to increase or decrease the price accordingly.
7.1 The Purchasers shall be responsible for the Goods being suitable in every way for the purpose for which they are intended to use them, and no warranty, condition or representation is given by the Company as to the fitness of any Goods for any purpose.
7.2 Neither party shall be liable to the other for any failure to perform any obligation under any agreement which is due to an event beyond the control of the Company.
7.3 Any liability of the Company to the Purchasers shall be limited in total to the price of the Goods.
7.4 In the event of incorrect or faulty Goods supplied, credit will only be given if the entire consignment is returned. Please refer to reference 11 for more details.
8.1 Most of the Company product samples are free of charge and will be sent by second class Royal Mail postage. Some product samples may incur a charge and the Purchaser will be notified at the time of ordering.
8.2 If the Purchaser requires a product sample by first class Royal Mail or by a Courier, this will incur an additional charge.
8.3 The company Sample Department has limited stock and colour availability of product samples, the Company will endeavour to complete your request, however in the event this is not possible, the Company shall offer the Purchaser an alternative product sample.
8.4 If the Purchaser requires a Pre-Production Sample, whether a physical or photographic one, this will incur an additional cost and will increase the lead time. If the Company advices the Purchaser to have a Pre-Production Sample made due to high quantity or because the Purchaser requires a very particular specification and the like, and the Purchaser decides against having a Pre-Production Sample, any issues in final production will be the responsibility of the Purchaser.
9. TERMS OF PAYMENT
9.1 New customers are bound to Pro Forma payment.
9.2 All services and goods will be supplied on a proforma basis, unless a credit account is in place.
9.3 No service or goods will be delivered on accounts, which remain unpaid 20 days after payment is due.
9.4 Seriously overdue accounts will be passed on to a debt collection agency for recovery, any costs incurred by the Company will be passed on to the Purchaser.
10.1 Lead Times quoted by the Company start a day after Approval has been given by the Purchaser.
10.2 Any time or date given for delivery of the Goods whether specified in the Order or otherwise given by the Company shall be taken as an estimate made by the Company in good faith but shall not be binding upon the Company as a term of the Contract or otherwise. Time of delivery is not of the essence for the purposes of the Contract and the Company will not be liable for any loss or damage sustained by the Purchaser in consequence of any failure to deliver within such time or by such date or in consequence of the delay howsoever caused.
10.3 It is the Purchaser’s responsibility to provide the Company with adequate delivery information; including name, address and contact numbers. Any delays for the delivery of Goods, caused because of inadequate delivery information, is the responsibility of the Purchaser.
10.4 If the Purchaser needs to change any delivery information this needs to be done in writing allowing ample time for the changes to be made. The Company will inform the Purchaser in writing, if this change is possible or not.
10.4 Delays caused by the non-acceptance of delivery due to incorrect delivery information, documentation, consents or authorisations is deemed the Purchaser’s responsibility and the Goods shall be deemed as delivered to the Purchaser. Any costs incurred by the Company for Storage and the like due to the inability to deliver the Goods will be the Purchaser’s responsibility.
10.5 Delivery is completed once the Goods have been delivered and signed for and remain the responsibility of the Purchaser. All risk in the Goods shall pass on to the Purchaser once the delivery has been completed.
10.6 Express delivery of Orders is only available on certain products; express delivery may not be available during busy production periods. The Purchaser needs to contact the Company to find out if an Express Service is available.
10.7 All Express Orders or No Fail Orders are done so at the Purchaser’s risk. The Company cannot accept responsibility for any Force Majeure Events or Third-Party delays. The Company will inform the Customer at the time of Order, of the risks involved in delivery.
11. NOTICE OF NON-DELIVERY, SHORTAGE OR DAMAGED GOODS
11.1 The Purchasers shall inspect all Goods immediately upon delivery and shall within seven working days from delivery notify the Company of any matter or thing because of which they may allege that the Goods are not in accordance with the Contract. If the Purchasers shall fail to give such notice within such period it shall conclusively be determined that the Goods are as to quality, number, weight, volume and in all respects in accordance with the contract and that the Purchasers have accepted them. Once the seven-working day period has ended, the Purchasers shall have no right to reject the goods, and shall be bound to pay for the same accordingly.
11.2 Goods damaged in transit should not be accepted from the carrier and no credit will be given for or replacements made of Goods accepted from the carrier in a damaged condition.
11.3 Non-delivery by any carrier must be notified to the Company in writing within 14 days of the due date.
11.4 Goods are only returnable with our expressed written agreement. Goods will not be accepted back without prior agreement.
11.5 If the goods are deemed non-acceptable by the Purchaser and the Purchaser has notified the Company within 7 days, the Goods need to be returned to the Company without delay. The Company will inspect the Goods for poor workmanship or faulty materials which is the Company’s responsibility and the Company will offer either repair, replacement, credit or discount for the Order.
11.6 However if the defects have not been caused by the Company and has occurred due to misuse, incorrect handling, neglect, accident or improper storage or handling or the like, then the responsibility of the Order of the Goods passes on to the Purchaser.
12.1 All cancellations must be notified in writing. Charges will be made for all work done or materials bought.
12.2 If the Purchaser cancels an Order once an Approval has been made, the Purchaser is liable for the costs of cancellation.
13.1 Unless otherwise specified printing colour, size and position will be at our discretion even on repeat orders. Where Pantone colour matches are requested, a 100% match cannot be guaranteed.
13.2 We reserve the right to use your logo or advertisement in our brochures and website unless otherwise instructed in writing.
14. REPEAT ORDERS
14.1 The onus is on the Purchaser to ensure that the Company has all the correct details from previous Orders.
14.2 All repeat orders will undergo the same process as the standard orders. Please refer to section 2 General.
14.3 The Company cannot guarantee that the Goods will be the same as previously supplied, they may be subject to variances of colour, size and/or material. General samples of the product are available on request to check for size, materials etc
15. PRODUCT SPECIFICATION
15.1 We reserve the right to alter design, material and product specification of any product without notice.
16. SPECIAL OFFERS
16.1 Special offers includes Limited Time Offers, Vouchers, global discounts, contract pricing and coupons.
16.2 Special Offers and the like are subject to change without notification where it is deemed outside of the Companies control.
16.3 All special offers will have an expiry date and will only be valid till the expiry date.
16.4 Only one special offer can be used per customer unless specified by the Company.
17.1 All names and logos of Merch Box Limited and the like cannot be used without prior consent from the Company.
17.2 All materials, slogans and images on the website, quotations, sales order, design approval forms, mailers and other marketing materials are under the ownership of the Company and cannot be used without prior consent.
18.1 Each of the parties to this agreement irrevocably agrees that the Courts of England and Wales shall have exclusive jurisdiction to hear and decide any suit, action or proceedings, and/or settle any disputes, which may arise out of or in connection with this Agreement or its formation or validity and, for these purposes, each party irrevocably submits to the jurisdiction of the Courts of England and Wales.