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Emblazon Design Ltd Design Service
Your visit to our Web Site ("the Site") is governed by these terms and conditions and any applicable laws or regulations affecting the Site and/or Internet.
By using the Site you will be agreeing to accept these terms and conditions. If you do not wish to accept these terms, please do not use this site. This Site is operated and owned by Emblazon Design Ltd (Emblazon), a company incorporated under the laws of the United Kingdom and having its principal place of business in the United Kingdom.
Emblazon has established this Site for you to find out more about our products and brand, as well as for your enjoyment and communication. You are not authorised to use any aspect of this site including transmission, distribution or modification for public or commercial purposes without prior written permission.
You are prohibited from using material appearing on the Site in any way, including the modification, reproduction distribution, republishing, uploading, downloading, posting or transmission in any way material appearing on the site without Emblazons prior written consent. Your use of or access to the Site, does not confer on or transfer to you any title or intellectual property rights in the Site or any aspect of it. For the avoidance of doubt all rights, title or interest in the Site or any aspect of it, remain the property of Emblazon unless otherwise stated.
When you visit or use the Site or any Site linked to it, Emblazon shall not be liable for any: Loss or damage occasioned to you, whether direct, indirect, incidental, consequential, punitive or otherwise howsoever sustained; and/or errors or omissions, accuracy of site content, failure in performance, viruses, line failure or the like.
Emblazon has no liability for any material on this site, which could include technical inaccuracies or typographical errors. The material appearing on the Site is provided to you "as seen" and without warranties of any kind, either express or implied, including but not limited to warranties relating to merchantability, fitness for a particular purpose or non-infringement. Further, Emblazon accept no liability for negligence. No warranties are provided or representations made as to the accuracy or reliability of material on the site; or that your visit to or use of the Site will be uninterrupted or free from defects or viruses.
If you send ideas, remarks, questions, data, graphics or the like ("the Submissions") to the Site, these will become the exclusive property of Emblazon, the Submissions will be deemed to be non-confidential and Emblazon shall be entitled to use or disclose the Submissions in any manner whatsoever, without liability or notice to you. The Submissions or any other information you send to the Site should not contain material which is offensive, pornographic, defamatory, blasphemous, unlawful or likely to infringe any applicable law, whether civil, criminal or religious. You agree that all material submitted to Emblazon is original to you, and not copied in whole or part from any third party. Please do not send anything which is required to be kept confidential.
These terms and conditions are governed by and construed in accordance with English law without observing any conflicts of law rules. By visiting or using the Site you submit to the jurisdiction of the English Court in relation to any dispute arising out of or relating to these terms and conditions or your visit to or your use of the Site and agree to commence proceedings relating to any such dispute in the English Court.
You may not use any material appearing on this Site which is the subject of copyright except as provided in these terms and conditions and in no event must this material be used without prior written consent. Emblazon neither warrants nor represents that your use of materials displayed on the site will not infringe rights of other parties not owned by or affiliated with Emblazon. This Site displays various images of people or places which are either the property of, or used with permission by Emblazon. Any use by you of these images other than in accordance with these terms and conditions is strictly prohibited. Any unauthorised use of these images may violate laws, regulations and statues including but not limited to copyright, privacy and publicity. Emblazon will not be liable for any claims by third parties in relation to your unauthorised use of such material. You may download material displayed on the site for non commercial personal use only, provided you also retain all copyright and other proprietary notices contained on the material. All site design, graphics, product images, text selections, arrangements and all software are copyright, Emblazon, all rights reserved.
These Terms and Conditions will be immediately withdrawn and without notice at Emblazon's sole discretion if you fail to comply with any of the Terms and Conditions set out in this section. Upon withdrawal you must destroy all materials obtained from the Site and all copies whether made under these Terms and Conditions otherwise.
Emblazon Design Ltd Shopping
1 Definitions
1.1‘Company’ means Emblazon Design Limited (Company Registration Number 4370134)
with its registered office at 784 Wilmslow Road, Didsbury, Manchester M20 2DR
1.1 ‘Conditions’ means the terms and conditions of business set out in this document and any special terms and conditions agreed in writing by the Company
1.2 ‘Customer’ means the person who requests the provision of Services and/or Goods
1.3 ‘Goods’ means any articles which the Customer requests the Company to supply in connection with the provision of the Services;
1.4 ‘Price’ means the price for the Services and the Goods excluding VAT; and
1.5 ‘Services’ means any work the Company agrees to undertake by or on behalf of the Customer or advice given to the Customer by the Company.
1.6 ‘Agreement’ means the Service Level Agreement provided by the Company and signed for by the Customer
2 Conditions applicable
2.1 These Conditions shall apply to all contracts for the provision of Services and the sale of Goods by the Company to the Customer to the exclusion of all other terms and conditions including any terms or conditions which the Customer may purport to apply under any purchase order, confirmation of order or similar document.
2.2 Any offer by the Company to supply Services or Goods to the Customer shall be deemed to be an offer to supply Services or Goods pursuant to these Conditions.
2.3 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless confirmed in writing by the Company.
2.4 The Company shall not be liable for any alleged problems which are the result of the Customer’s specifications or which are due to the Customer’s failure to make any particular specification.
2.5 The Customer agrees to be available and grant the Company access at all times agreed and agrees to ensure that all pets and children shall be kept away from any areas where the Company may be carrying out work on the Customers behalf.
2.6 The Customer agrees to move any precious, delicate or valuable items away from any areas where the Company may need to work on the Customer’s premises and shall specifically draw the Company’s attention to any items the Customer does not wish the Company to touch.
3 The Services
3.1.1 The Price for the Services shall be the sum of:
3.1.1 the price quoted by the Company for the Services specified on the Company’s Agreement at that price
3.1.2 £80 for each mood or sample board not included in the Company’s agreement but provided at the Customer’s request; and
3.1.3 £40 per hour or proportionate hour spent by the Company in providing the Services in excess of that provided for in the Company’s agreement
3.2 The Customer must give not less than twenty-four hours prior written notice of its
desire to cancel any order for provision of Services.
3.3 On receipt of a valid cancellation notice from the Customer, the Company shall cease
to provide the Services, and within seven days, the Customer shall pay to the
Company:
3.3.1 The hourly charges accrued for Services up until the cancellation date, (if applicable and outside of the Agreement)
3.3.2 The remainder of any outstanding orders for Goods that cannot be cancelled.
4 The Goods
4.1 The Customer is solely responsible for ensuring the Goods are suitable in all respects
for the Customer’s requirements.
4.2 All Goods procured by the Company on behalf of the Customer shall be paid for by
the Customer in accordance with Condition 6.6
4.3 Once the Company has procured the Goods or is contractually obliged to purchase
the Goods, the Customer’s order for the Goods cannot be cancelled.
4.4 The Customer must give not less than twenty-four hours prior written notice of its
desire to cancel any order for Goods.
All terms, conditions, warranties and representations (whether implied or made
expressly) whether by the Company its servants or agents or otherwise relating to the quality and/or fitness for the purpose of the Goods or any of the Goods are excluded to the fullest extent permitted by law but without prejudice to the Customer’s statutory rights or the benefit of any manufacturer’s warranty that passes to the Customer.
5 Agreements
5.1 The Company will endeavour to hold the terms of any agreement given by it for a
period of 14 days but without obligation or liability.
5.2 The terms of any agreement are subject to the availability of materials and labour.
6 Price and payment
6.1 The Price of the Services and the Goods shall, subject to Conditions 3 and 5, be the Company’s quoted price.
6.2 The Company may by giving notice to the Customer at any time up to 7 days before delivery of the Goods increase the Price of the Goods to reflect any increase in the cost to the Company of procuring the Goods.
6.3 The Price quoted to the Customer is normally inclusive of VAT at the rate ruling on the date of the invoice. If at any time the Price quoted is exclusive of VAT, this shall be outlined on the Agreement and VAT will be due in addition at the rate ruling on the date of the VAT invoice issued.
6.4 The Price for the Goods is exclusive of the costs of delivery and/or installation which if these costs, charges and other amounts are applicable, shall be payable without any set off or other withholding whatsoever by the Customer to the Company at the same time and in the same manner as the Price.
6.5 A 50% deposit shall be paid before the Company begins to provide the Services set out in the Agreement.
6.6 50% of the Price of the Goods shall be paid before the Company proceeds with any ordering.
6.7 The balance of the cost of the Goods and Services shall be due before installation.
6.8 If any cheque tendered by the Customer is not paid on first presentation, the Company shall be entitled, without prejudice to any of the Company’s other rights, to demand payment of a charge of £25 for each such cheque, whether or not that cheque is subsequently honoured.
6.9 If the Customer fails to make any payment on the due date then without prejudice to any of the Company’s other rights the Company may:
6.10.1 suspend or cancel deliveries of any Services or Goods or other articles due to the
Customer; and or
6.10.2 suspend further work under any contract between the Customer and the Company;
and/ or
6.10.3 appropriate any payment made by the Customer to such of the Services or Goods as
the Company may in its sole discretion see fit; and/or
6.10.4 instruct a debt recovery agency or instigate legal proceedings with the Customer being
liable for any costs incurred.
7 Delivery and Acceptance of Goods
7.1 The Customer shall be deemed to have accepted the Goods on delivery from the Company whether or not the Customer physically accepts the Goods.
7.2 No Goods delivered to the Customer which are in accordance with these Conditions will be accepted for return without the prior written approval of the Company on terms to be determined at the absolute discretion of the Company.
7.3 The Company shall not be liable for any problems caused by the Customer using or interfering with the Goods in any way not recommended by the Company (or any manufacturer) or due to the Customer allowing any third party to interfere with the Goods.
8 Warranties and Liability
8.1 Without prejudice to the Customer’s statutory rights, the Company shall not be liable for:
8.1.1. any loss or damage whatever due to failure by the Company to provide or complete the
provision of the Services by any specific date;
8.1.2 any loss or damage whatsoever due to failure by the Company to deliver the Goods
promptly or not at all;
8.1.3 any loss or damage whatsoever in relation to the Services or Goods after the Customer
has accepted or has been deemed to have accepted them;
8.1.4 any amount in excess of the Price and the Company shall be under no liability for any direct loss and/or expense or indirect loss and/or expense suffered by the Customer or liability to third parties incurred by the Customer.
8.2 All warranties and conditions whether implied by statute or otherwise are excluded from
this contract provided that nothing in this contract shall restrict or exclude liability for
death or personal injury caused by the negligence of the Company or affect the statutory
rights of a Customer dealing as consumer.
9 Title, risk and lien
9.1 The Goods shall be at the Customer’s risk as from delivery
9.2 In spite of delivery having been made property in the Goods shall not pass from the Company until:
9.2.1 the Customer shall have paid the Price plus VAT in full; and
9.2.2 no other sums whatsoever shall be due from the Customer to the Company.
10 Miscellaneous
10.1 All contracts between the Company and the Customer shall be subject to and governed
by the law of England and Wales and the English courts shall have exclusive jurisdiction
to determine any dispute between the parties.
10.2 Any notice under or in connection with these Conditions shall be in writing and shall be
served by first class post or by hand on the party or sent by recorded delivery at or to
the address of the party set out in these Conditions or at or to such other address as
may be subsequently notified by one party or the other
10.3 In the absence of evidence of earlier receipt any notice shall be deemed to be duly
served:
10.3.1 if delivered personally when left at the address in Condition 10.2; and
10.3.2 if sent by recorded delivery 3 days after posting.
10.4 The Customer may not withhold payment of any invoice or other amount due to the
Company by reason of any right of set off or counterclaim which the Customer
may have or allege to have for any reason whatsoever.
10.5 The provisions of the Contracts (Rights of Third Parties Act) 1999 shall not apply to any contract between the Company and the Customer and a person who is not a party to any such contract shall have no right under that Act to enforce any term of the relevant contract.
10.6 The Company shall not be liable for any delay or default due to any act of God, war, civil disturbance, malicious damage, strike, lockout, industrial action, fire, flood, drought, extreme weather conditions, compliance with any law or governmental order, rule, regulation, direction or other circumstance beyond its reasonable control including but not limited to any unavailability of goods or materials from the usual sources of supply.
10.7 We reserve the right exclusively to photograph our design work after it is completed and to give permission for use of the photographs in any publication, although your name will not be used without your consent.
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KUDOS DESIGN MANCHESTER