Terms of Service
Goods means the articles or things described in the contract between Leafletfrog Ltd. [The Company/we/us/our] and the Purchaser.
Normal working days are considered to be Monday to Friday, excluding UK bank holidays or any other scheduled holidays described on The Company website.
These conditions shall be deemed to be incorporated in all contracts of The Company to sell goods and in the case of any inconsistency with any order or form of contract sent by the Purchaser to The Company whatever may be their respective dates the provision of these Terms and Conditions shall prevail unless expressly varied in writing and signed by an authorised person on behalf of The Company.
Notwithstanding that The Company may have given a detailed quotation, no order shall be binding on The Company unless and until it has been accepted in writing by The Company in the form of an email stating that the order has entered the Print and Cut Process status or Order Accepted status.
Orders placed outside of normal working hours (09:00 to 17:00 Monday to Friday), or after 5pm on any given day, or on non-working days are deemed to have been placed at 09:00 on the next working day. Artwork sent to The Company after 5pm on any business day will be deemed to have been sent at 09:00 next working day. Any times or dates given for completion, dispatch or delivery of goods start from the next working day following the date of order, or the next working day following the date of receipt of cleared payment, or the next working day following the date of acceptance of artwork, whichever is the later. All times and/or dates are approximate, and shall not be binding on The Company. The Company does not deliver to P.O. Box addresses. No liability will be accepted by The Company for delays beyond the control of The Company including, without prejudice to the generality of the foregoing defects in files or omissions of information, delays in approval of proofs, proofs not approved in writing via email and non-performance of carriers.
The goods will be delivered to the address originally supplied by the Purchaser to The Company through the Shopify Website and as stated in the order confirmation. If a subsequent delivery address is requested The Company cannot be held responsible if the goods are sent to the original delivery address supplied and may charge a re-delivery fee to another address.
Our paper is sourced from a number of suppliers on a daily basis and as such may vary in grammage, thickness, reflectivity, brightness, smoothness and roughness. As pursuant to the General Trade Rules (1980) on the supply of paper and paperboard, paper supplied to us may vary in grammage by ± 5% per sheet, therefore Goods supplied by The Company may also vary in grammage by ± 5%.
The Company shall be deemed to have fulfilled our contract by delivery of a quantity within ± 5% of the quantity of printed goods ordered.
By their nature, the majority of goods and/or services do not have a redeemable value and no refunds or credits for goods and/or services correctly supplied will be entertained. In the event of goods being returned to The Company by the carrier due the Purchaser being unavailable to sign, or refusal of the Purchaser to sign, for the goods then a re-delivery charge will apply. The goods will be held for three working days from the date of return and then disposed of by The Company in the event that the Purchaser does not wish the goods to be re-delivered, is not prepared to pay the re-delivery charge, or does not contact The Company.
The Purchaser is responsible for the correctness of all artwork (Print-Ready Artwork) provided to The Company (either via upload through the The Company website or via any other means) with an order for printing products. By providing artwork to The Company with an order for printing products the Purchaser confirms that the artwork is correct and meets their full requirements, and the Purchaser explicitly authorises The Company to print the artwork as provided. The Company accepts no liability for errors in artwork provided to us for printing. The Purchaser may not modify their artwork for an order once that order has entered the Print and Cut Process status. An order will be deemed to have entered the Print and Cut Process once email sign off has been received from the customer.
a) All goods shall be paid for at the time of order.
b) No goods shall be dispatched or collection allowed until paid for in full.
c) All prices are inclusive of Value Added Tax at applicable, current rates.
a) Any shortcomings or defects in goods supplied must be notified to The Company within 3 days of delivery. Such goods must be returned to The Company for inspection.
b) Nothing herein shall impose any liability upon The Company in respect of any defect in the goods arising out of the acts, omissions, negligence or default of the Purchaser, its servants or agents including without prejudice to the generality of the foregoing handling and storage of the goods.
c) Nothing herein shall have the effect of excluding or restricting the liability of The Company:
i.) For death or personal injury resulting from its negligence insofar as the same is prohibited by U.K. statute, or;
ii.) Under sections 12,13,14 and 15 of the Sale of Goods Act 1979 to a Purchaser who is dealing with a customer (as defined by section 12 of the Unfair Contract Terms Act 1977).
The Company shall not be liable for any costs, claims or damage arising out of any act of tort or omission or breach of contract or statutory duty calculated by reference to profits, income production or accruals or loss of such profits, income production or accruals or by reference to accrual of such, claim, damages or expenses on a time basis.
The liability of The Company to the Purchaser for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances exceed the price of the goods.
The Company is the owner of all files and artwork created for the purchaser, and the purchaser is the owner of the end product (i.e. a printed leaflet). Release of electronic files to the purchaser is at the discretion of the designer. Copyright ownership may be transferred to the purchaser for a fee that is based on the uses for which rights are being transferred.
The Company shall issue VAT invoices as PDF v1.3 files either for the Purchaser to download from their on-line account or to be emailed to the Purchaser, as decided by The Company from time to time. Such PDF invoices are compatible with Adobe Acrobat Reader v4 and later. By placing an order with The Company the Purchaser agrees to receive invoices as PDF files. It is the responsibility of the Purchaser to ensure that they have compatible PDF reading software installed on their computer in order view and print PDF invoice files.
If the Purchaser shall be in breach of any of their obligations under the contract The Company may (without prejudice to The Company rights subsequently to determine the contract for the same cause should it so decide) suspend further deliveries of goods without notice until any defaults by the Purchaser are remedied.
No statement, description, information, warranty or recommendation contained in any catalogue, price list, advertisement or communication or made verbally by any of the agents or employees of The Company shall be construed to enlarge, vary or override in any way these conditions.
Any concessions made or latitude allowed by The Company to the Purchaser shall not affect the strict rights of The Company under the contract. If in any particular case any of these conditions shall be held to be invalid or shall not apply to the contract the other conditions shall continue in full force and effect.
Upon sight of artwork and at its sole discretion the Company reserves the right to decline to print any item it deems to be inappropriate or non-conforming. Any payments made for work rejected by reason of this clause will be subject to a £10.00 inclusive of VAT administration/cancellation fee and any balance refunded.
If an order is cancelled after a period of more than 30 days by the Purchaser or The Company, an administration fee of £15.00 inclusive of VAT will be charged, regardless of artwork not having being supplied, or a proof having been sent to the Purchaser but not approved.
If the Purchaser requests cancellation of an order, prior to that order reaching Print and Cut or Order Accepted status, or after a PDF proof being supplied to the customer, then a £10.00 inclusive of VAT administration/cancellation fee will apply and any balance will be refunded to the customer within 28 days of the date of cancellation. Orders which have reached Print and Cut or Order Accepted status may not be cancelled.
The contract shall in all respects be governed by English law and shall be deemed to have been made in England and the Purchaser and The Company agree to submit to nonexclusive jurisdiction of the English courts.