Terms and Conditions
STANDARD TERMS AND CONDITIONS AND GENERAL TRADING INFORMATION
These Terms and Conditions apply to all orders placed with Arch 5 Design and supersede all other terms and conditions. Your receipt of Arch 5 Design’s acknowledgement of any order placed by you constitutes your agreement that these Terms and Conditions are the only conditions that apply to any contract between you and Arch 5 Design.
Arch 5 Design reserves the right to alter the details of any products described on this website without notice. Whilst every effort is made to ensure that all information on this website is accurate, no warranty is given as to its accuracy and no responsibility will be accepted by Arch 5 Design for any error or misinterpretation and/or any resulting loss.
All quotations by Arch 5 Design are valid for 30 days from the date of the initial quotation, after which they are subject to change at any point without notice. 2.2 Arch 5 Design’s prices are based on current costs of production. In the event of any increase in wages or costs of materials to us occurring after your acceptance of Arch 5 Design’s quotation, Arch 5 Design reserves the right to charge such increases to you. 2.3 All orders accepted by Arch 5 Design are subject to our right to adjust the prices quoted to take account of any changes in the law or Government regulations requiring us to increase prices by way of direct taxation, import duties, customs and excise duties or otherwise.
Where applicable, all prices quoted by Arch 5 Design are subject to VAT at the current rate chargeable in the UK. If the rate of VAT changes between the date of an order and the date of delivery, Arch 5 Design will adjust the VAT payable, unless such order has been paid for in full before the change in VAT takes effect.
Any samples supplied by Arch 5 Design will be on approval only and will be charged to you if not returned to Arch 5 Design in good condition within 14 days of their receipt by you.
5. CHANGES TO ORDERS
Any changes in the quantity of products ordered must be notified to Arch 5 Design in writing prior to the commencement of processing of the order. If such notification is not received prior to the commencement of processing of the order, any increases in quantity of products ordered will be regarded as a separate order.
6. ARTWORK AND PRINTING
6.1 Subject to any prior agreement with Arch 5 Design to the contrary, all charges for design projects and/or printing must be paid in full to Arch 5 Design before any work is commenced.
6.2 Once your design project is initiated and any preliminary artwork has been created by Arch 5 Design, all retainer payments made by you become non-refundable.
6.3 Once an order has been placed with Arch 5 Design, it is possible for you to make changes to the artwork supplied within one hour of our receipt of the order. After this time you will become liable to additional charges if you need to amend or supply new artwork.
6.4 All quotations from Arch 5 Design are for one design per kind only: any extra designs will incur additional charges.
6.5 Unless otherwise requested by you, all artwork is printed using CMYK. Please not that such a request will incur additional charges.
6.6 Please also note that the colour of printed items will be affected by any applied lamination or varnish, as well as by the type of material on which artwork is to be printed.
7.1 Proofs are NOT supplied as standard and must be requested in writing at the time the order is placed with Arch 5 Design. Please not that such a request will incur additional charges.
7.2 All PDF proofs should be viewed at 100% to see the exact size of the product when printed.
7.3 Proofs must be signed off by you in writing, either by email, fax or post, and printing will not be commenced until this has been received by Arch 5 Design. In order for printed products to be received by the previously agreed deadline, such sign off must be received by Arch 5 Design by email before 6 pm on the day that the proof was received by you.
7.4 All proofs, once signed off by you, will be deemed by Arch 5 Design to be correct and ready to go to print. Arch 5 Design will not be held responsible for any mistakes in viewing, spelling, punctuation, contact details or layout.
8.1 All deliveries by Arch 5 Design will be charged at the rates prevailing at the date of such delivery.
8.2 Whilst every effort will be made to deliver on time, no liability will be accepted by Arch 5 Design for any loss arising from delay or error in the delivery of the products. In particular, Arch 5 Design will accept no responsibility for missed deliveries due to non payment for products. It is your responsibility to ensure that full payment is made to Arch 5 Design prior to delivery of all products.
8.3 For the avoidance of doubt, Arch 5 Design will not be liable for any delay in delivery of the products caused by an event outside the control of Arch 5 Design or for your failure to provide adequate delivery instructions or any other instructions relevant to the supply of the products.
8.4 You should note that international transit times are approximate. Deliveries may be subject to customs clearance and any applicable local country restrictions. Arch 5 Design will not be held responsible for any delays of international deliveries, and/or for any customs and excise charges arising from the import or export of your products.
9. QUANTITY VARIATION
Arch 5 Design shall be deemed to have fulfilled any order by delivery of a quantity within 5% plus or minus of the quantity of printed products ordered. You will be charged at the agreed rate for the quantity delivered.
10.1 The risk in the products will pass to you on delivery of such products.
10.2 All products, whether or not delivered, will remain the property of Arch 5 Design until such time as payment is received in full by Arch 5 Design for such products.
10.3 Until such time as payment is made for products supplied by Arch 5 Design, you shall retain such products separately and clearly mark them so that they can be readily identified as being the property of Arch 5 Design. Any payment received by you for any sale of such products must be held in a separate account in trust for Arch 5 Design.
10.4 Arch 5 Design retains the right, without loss of any other rights or remedy, to remove from your possession any products supplied to you by Arch 5 Design for which payment has not been received. Arch 5 Design shall be entitled to enter upon the premises where such goods are stored to repossess and remove the same, and you hereby grant us an irrevocable licence to enter your premises for such purposes.
11. CANCELLATION/ON HOLD ORDERS
11.1 Cancellation of an order must be notified in writing to Arch 5 Design. Any costs incurred for work already carried out up to the date of such written cancellation will be charged for and deducted before any refund is made to you. For orders for which an upfront payment has not been received, an invoice will be issued to you for the amount of such costs.
11.2 If Arch 5 Design has not been authorised to proceed within 14 days of receipt of your order, the order will be assumed to have been cancelled and a charge of 5% of the total value of the original order will be made (plus a £10.00 administration fee) before any refund is made. For orders for which an upfront payment has not been received, an invoice will be issued to you for the appropriate amount.
11.3 For orders which have been placed on hold, Arch 5 Design reserves the right to discard all materials related to your order after 28 days from the receipt of such order. Please note you will still be liable for the total value of the original order unless it has been cancelled in accordance with clause 11.1 above.
12. PAYMENT TERMS
12.1 CLIENTS WITH ACCOUNTS WITH ARCH 5 DESIGN All payments due to Arch 5 Design shall be made in full by the end of the month following the month in which the invoice is issued by Arch 5 Design, unless special settlement terms have been agreed in writing beforehand.
12.2 CLIENTS WITHOUT ACCOUNTS WITH ARCH 5 DESIGN Full payment of all Arch 5 Design’s charges for design projects and/or printing must be received by Arch 5 Design before any work is commenced.
12.3 VAT Depending on the contents of the artwork, orders for some printed items can become subject to VAT. If applicable, VAT will be added to your order, payment of which will be required before delivery of the products.
13. OVERDUE ACCOUNTS
13.1 No products will be delivered in respect of invoices which remain unpaid 14 days after payment is due. Arch 5 Design reserves the right to charge interest on overdue invoices, at the rate of 5% above the current Barclays Bank plc base rate, from the date the invoice became due until payment is received. This does not prevent Arch 5 Design from pursuing payment of overdue invoices at any time after payment becomes due and is in addition to and without prejudice to any other rights Arch 5 Design may have against you.
13.2 Arch 5 Design reserves the right to charge you for any legal or collection charges where it is necessary to obtain payment from you of an overdue account through a third party or court proceedings.
14.1 Arch 5 Design reserves the right to rectify defective products by reprinting rather than refunding any monies received. If Arch 5 Design offers to replace any products rather than refunding monies paid, such an offer must be accepted unless a clear reason can be shown for refusal. If any products are deemed by Arch 5 Design to be of sufficient quality and within tolerance, we reserve the right to return such products to you and refuse a reprint or refund.
14.2 All defective products must be returned to Arch 5 Design before reprinting/replacement. If such products are not returned, Arch 5 Design will assume that they have been accepted and no replacement will be provided.
14.3 Should Arch 5 Design agree that a refund should be made to you, your account will be credited within three to four working days from such agreement.
14.4 If you opt to have work re-done by a third party without reference to Arch 5 Design you automatically revoke your right to any remedy from Arch 5 Design.
15.1 All products must be examined at the time of delivery. Arch 5 Design will not be liable for any loss arising from damage caused to products in transit unless such damage is noted on the delivery note at the time of delivery. All claims arising from damage to, delay or partial loss in transit of any products must be made in writing to Arch 5 Design within five working days of delivery of such products.
15.2 All claims regarding the quality or quantity of products shall be made in writing to Arch 5 Design within five working days of receipt of such products, or such products shall be deemed to comply as to quality and quantity with the original order.
15.3 All claims in respect of non-delivery must be made in writing to Arch 5 Design within three working days of your receipt of the relevant invoice.
16.1 Arch 5 Design’s liability for any loss or damage suffered by you in respect of the products supplied shall be limited to the total value of the original order relating to those products.
16.2 Arch 5 Design will not accept any responsibility for loss or damage arising from the supply of products unless the notification of claims procedure set out in clause 15 has been followed.
16.3 Arch 5 Design is not liable for any financial loss incurred by you, including but not limited to, expenses incurred by you, interest payments and loss of earnings or similar gains you would have received on monies paid to us in lieu of any unfulfilled order.
16.4 Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
17.1 The entire copyright throughout the world in all printing plates, litho positives and negatives, artwork, designs, photographic transparencies, negatives or positives and any other artistic craftsmanship made by or for Arch 5 Design pursuant to or in implementation of any order from you shall belong to Arch 5 Design. Unless you become in default of any obligation to make any payment to Arch 5 Design, Arch 5 Design agrees not to reproduce any such items for any of your business competitors.
17.2 You agree to indenmnify Arch 5 Design against any and all claims, liability, costs, losses, damages and expenses arising out of the use by Arch 5 Design of the materials provided to Arch 5 Design by you, including (without limitation) any artwork.
18. FORCE MAJEURE
Arch 5 Design will not be held responsible for failure or delay in the performance of our obligations arising from any cause outside our reasonable control or by inability to procure materials or articles except at higher prices due to any such cause, and in such circumstances Arch 5 Design shall be entitled by notice to terminate the order in whole or in part without incurring any liability whatsoever to you.
These Terms and Conditions shall be governed and construed in accordance with English Law.
20.1 Arch 5 Design reserves the right to modify these Terms and Conditions at any time.
20.2 Any and all of the content presented on Arch 5 Design’s website is, unless explicitly stated otherwise, subject to a copyright held by Arch 5 Design.