Terms & Conditions

1. GENERAL

These terms and Conditions of Sale shall be deemed to be incorporated into all contracts of sale by Peach Cocktail (herein after called the business) and any customer (herein after called the Buyer). These conditions apply to all contracts and override any conditions stipulated by the buyer. No variation is applicable unless stated in writing by the Business.

2. PRICES

Unless otherwise agreed in writing the price for the goods shall be the Business’s price ruling at the date of Estimate (either verbal or written), which will be held for a maximum of 30 days except that:-

(i) The costs incurred as a result of changes to the number of items ordered or to the job specification requested by the Buyer after acceptance of Estimates will be passed on to the Buyer, including associated designer time which will additionally be costed and invoiced at £35 per hour.

(ii) At the discretion of the Business any excessive time its staff spend on the telephone or e-mail in attempting to communicate with the Buyer at the points of contact originally supplied to the Business will additionally be costed and invoiced at £25 per hour.

(iii) All prices shown in price lists and on web site include VAT at the current rate. Bespoke orders show VAT separately.

(iv) If the Express Service is requested after orders have been made and paid for, an extra 10% of the cost will be charged. Your order will then be treated as a priority and processed separately from any other.

(v) Bespoke orders - Two proof checks per item are included in the estimate.  Any additional proofs will incur an extra cost of £10 each. Range orders – One proof check per item is included in the price. Any more will incur an extra cost of £10 each.

3. CARRIAGE COSTS

(i) Carriage will be charged at costs current at the time of order.

(ii) Arrangements for collection or carriage of finished product to be established at the time of Order or Estimate and referred to therein

4. ORDERS

(i) Once the Buyer has placed an order with the Business that order cannot be cancelled, deferred or altered except with the consent of the Business.  Any costs incurred in connection with any cancelled order shall become payable on the Business’s arranged account terms. Full refunds are only allowed prior to submission of any wording.

(ii) For bespoke orders a purchase order is given by signing the Estimate by way of acceptance in the place specified thereon.

(iii) For bespoke orders the purchase order confirming the specification and prices set out in the Estimate must be received by the Business before any proofing work will commence.

5. PROOFS

(i) Range designs are typeset from template choice and or copy received by whatever method chosen. These are submitted for proof approval once only without charge. Additional proofs will incur extra costs.

(ii) The Business shall incur no liability for any errors or omissions in copy so submitted.

(iii) For bespoke orders proofs of all works will be submitted for the Buyer’s approval and the Business shall incur no liability for any errors or omissions not corrected by the Buyer in proofs so submitted.  Customer alterations and additional proofs necessitated thereby shall be charged extra.  When style, type or layout is left to the Business’s judgement, changes therefrom made by the Buyer shall be charged extra.   All text will be in English unless the Business has specifically agreed otherwise in writing. Proofs must be signed and returned to the Business before production will commence.

6. PAYMENT TERMS

(i) For bespoke orders, a nominal £100 deposit is required to partially cover initial design work.  This is not refundable but will be offset against the cost of any job ordered.

(ii) For bespoke orders, payment is required in two main stages. 50% payable on confirmation of the specification and prices set out in the Estimate, and the invoiced balance due is payable prior to delivery by the Business or collection by the Buyer.

(iii) For all other orders, payment is required with the order.

(iv) Payments can be made by either:-

                                                                 (a) Acceptable Credit or Debit Card.

                                                                 (b) Banker’s draft, Postal Order or cash.

                                                                 (c) Cheques to be cleared before despatch of goods.

(v) The goods remain the property of the Business until they are paid for in full.

(vi) The Business reserves the right to charge interest on overdue accounts at the rate of 2% per month.

7. DELIVERY

(i) It is the Business’s intention to meet all agreed delivery dates whether verbal or written. However delivery dates are approximate only and not of any contractual effect and the Business shall not be under any liability direct or consequential to the Buyer in respect of any failure to deliver on any particular date or dates.

(ii) Goods shall unless delivered by the Business’s own transport or by a carrier on behalf of the Business be deemed to have been delivered and the risks therein to have passed to the buyer upon their transfer to the carrier named by the Buyer or (in the case of delivery ‘ex. works’) upon the Business notifying the Buyer that the goods are available for collection.

(iii) If the Buyer refuses or fails to take delivery of completed goods within 7 days, the Business shall be entitled to store at the risk of the Buyer any goods that the Buyer refuses or fails to take delivery of and the Buyer shall in addition to the purchase price pay all costs of such storage and any additional cost or carriage incurred as a result of such refusal or failure.

(iv) Should the Business be delayed in or prevented from making delivery of the goods due to war, strikes, lockouts, fire, floods, explosions, labour disturbances, trade disputes, breakdown of machinery, shortages of materials, or any other causes whatsoever beyond the control of the Business, the Business shall not be liable for any loss or damage arising there from.

8. COPYRIGHT ETC.

(i) All blocks, plates and origination work remains the property of the Business unless paid for by the Buyer & the transaction confirmed by a separate agreement in writing signed by the Business.

(ii) All blocks, plates, sketches and origination work including proofs originated by the Business remain the property of the Business and are the Business’s copyright.

(iii) The Business also has the right to incorporate its details, including copyright mark, sensitively into each design.

(iv) The Buyer shall indemnify the Business against all claims for infringement or alleged infringement of third party industry property rights including copyright and all costs and expenses in connection therewith arising from the execution of the buyers order in accordance with the Buyers design plans or specifications.

(v) Unless otherwise instructed, The Business reserves the right to feature reproduced photographs & copies of stationery produced for the Buyer in any promotional material.  Confidentiality of personal details will be observed.

9. WARRANTY

(i) Whilst the Business undertakes in the manufacture, assembly & packaging of the goods supplied, only to use sound workmanship and materials, no condition or warranty whatsoever of any kind has been or is given or made by or on behalf of the Business in relation to the fitness of the goods for any particular purpose.

(ii) Whilst the Business will take all reasonable steps to try to match colour as it appears on the selected material this cannot be guaranteed and the contract shall be deemed to have been performed by the delivery of goods of the general grade, format and density stipulated.

10. LIABILITY

Goods deemed by the Buyer to be defective shall not form the subject of any claim for work done by the Buyer or for any loss or damage or expenses whatsoever arising directly or indirectly from such defects but such goods if returned to the Business and are accepted by it as defective will at the request of the Buyer and if practicable be rectified.  If, and only if rectification is not possible the Business’s liability will be limited to replacing without charge to the Buyer such goods or such part or parts thereof as in the opinion of the Business may be necessary, provided that the Buyer has within two weeks from the date of despatch:-

(i) given written notice to the Business of any alleged defect in the goods supplied by the Business

(ii) returned the goods in question.

(iii) satisfied the Business, upon examination of the goods, that they are defective

Complaints by the Buyer in respect of goods alleged to be defective shall not be a ground for the Buyer to withhold payment of amounts due to the Business from the Buyer and shall not give any right of set off against payments due from the Buyer to the Business.

The Business shall not be liable for:-

(i) any damage, discrepancy or shortage in the goods unless the Buyer notifies the Business within forty eight hours of the delivery of the goods.

(ii) defects in the goods caused by any act, neglect or default of the Buyer or of any third party.

(iii) other defects in the goods resulting from faulty material supplied by the Buyer

(iv) any loss to the Buyer arising from delay in transit not caused by the Business.

(v) any loss direct or consequential, in respect of the loss or damage of artwork or digital files in transit or use.

(vi) amendment or cancellation of collection products.

(vii) production delays caused by  the late return to the Business of signed proofs.

The Business shall be under no liability for any loss damage or injury whatsoever, whether direct or consequential, in respect of or arising directly or indirectly from or in connection with the goods.

TRADE DESCRIPTIONS ACT 1968

Where any trade description or other indication or representation is applied to any goods at the Buyer’s request the Buyer warrants that the same will be true and accurate in all respects and that the supply or offer of supply of any such goods by any person will not give rise to an offence by the Business under the Trade Descriptions Act 1968. The Buyer shall keep the Business fully indemnified against any breach of the foregoing warranty.

This contract shall be subject to the Laws of England and construed in all respects as an English contract.