Effective date: December 06, 2019
This page (together with any documents referred to on it) tells you the terms and conditions (“Conditions”) on which we supply any of the goods (Goods) listed on our websites www.elliottocallaghan.co.uk / www.exambanners.co.uk / www.schoolbannersandsigns.co.uk / www.scoutbanners.co.uk (“our sites”) to you. These Conditions shall govern any contract for the sale of Goods listed on our site which is made at a distance between us and any customer (“you”) by any method, including but not limited to telephone, email and also via our site. You must tick the checkbox when asked if you wish to be able to order Goods from our website.
It is important to read and understand these Conditions before placing your order. By placing any order on our website, you are in acceptance of our terms and conditions below.
1. Information About Us
www.elliottocallaghan.co.uk / www.exambanners.co.uk / www.schoolbannersandsigns.co.uk / www.scoutbanners.co.uk are websites owned and operated by Elliott O’Callaghan (“us”, “we”, or “our”). We are a sole trader and our main trading address is:
23 Holland Road, Wallasey, Wirral, CH45 7RA
Tel: 0333 050 3421 Email: firstname.lastname@example.org
2. Service Availability
2.1 It is prohibited to access our site from territories where its contents are illegal or unlawful. If you access this site from a location outside the United Kingdom, you do so at your own risk and you are responsible for compliance with your local laws.
3. Your Status
3.1 By placing an order through our site, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years of age.
(c) you have the authority to place the order
4. How The Contract Is Formed Between You and Us
4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Goods. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Goods have been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
4.2 The Contract will relate only to those Goods whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Dispatch Confirmation.
4.3 Each order for Goods by you to us will be deemed to be an offer by you to purchase Goods subject to these Conditions.
4.4 You must ensure that the terms of your order and any applicable specification are complete and accurate.
4.5 These Conditions will be incorporated in the Contract to the exclusion of all other terms and conditions.
5. Consumer Rights
5.1 For the purposes of these Conditions, you shall be contracting as a consumer if you are not acting for the purposes of your business, trade or profession in purchasing Goods from us. All other customers shall be contracting as business customers. If you are contracting as a consumer, you may cancel the Contract at any time within 7 working days, beginning on the day after you receive the Goods and you will receive a full refund of the price paid for the Goods in accordance with our refund policy (set out in clause 9 below). This right of cancellation does not apply to any Goods which are personalised, customised, made to your specification or manufactured to a visual proof which has been approved by yourself or somebody in your organisation.
5.2 To cancel a Contract, you must inform us in writing and you must return the Goods to us immediately thereafter, at your own cost and risk. You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
6. Availability & Delivery
6.1 All Goods are offered by us subject to their current availability and we reserve the right to cancel any order placed by you if we have insufficient stock to deliver the Goods that you have ordered.
6.2 Due to our policy of continuous product development, we reserve the right to change any product specifications without prior notice and without liability to you.
6.3 Orders for standard stock items may be cancelled by you prior to dispatch at no extra charge if confirmed by you in writing. Non-stock items or specially ordered Goods may only be cancelled by arrangement with us and any costs incurred in connection with your order will be levied.
6.4 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 working days if you are contracting as a consumer, or within a reasonable time of the date of the Dispatch Confirmation if you are contracting as a business customer.
6.5 We offer a courier delivery service free of charge. We will take all reasonable steps to deliver the Goods within the agreed period but shall not incur any liability whatsoever due to any consequences of delayed delivery or damage in transit. We do not guarantee to get delivery on site to meet any installers and will accept no liability arising from any delayed delivery or from damaged or defective goods received and consequently delaying prearranged installation.
6.6 Goods may be shipped in different consignments and with different couriers at times. Your Delivery Confirmation e-mail will detail all tracking numbers and couriers being used.
6.7 We will deliver the Goods ordered by you to the address you give us for delivery when you place your order. It is your responsibility to ensure that the delivery address is accurate and complete; you must also ensure that there will be somebody to sign for and take delivery of the Goods upon delivery. Delivery is usually between 7am and 8pm. Please Note: We cannot and do not guarantee any delivery times.
6.8 Any attempted delivery which is refused at the delivery address or after two attempts have been made to deliver, will be returned to our warehouse. In this case a re-delivery charge will be applied to your order. The amount of the re-delivery charge depends on the couriers used to effect re-delivery.
6.9 All Goods must be inspected immediately while the delivery driver is still present. If found to be damaged in any way, the Goods must be refused, otherwise claims for any damages cannot be entertained. Please write “Refused due to damage” on the consignment note and hand the Goods back to the driver.
6.10 Without prejudice to the provisions of clause 6.9, if we, acting reasonably, are satisfied that the deficiency in the Goods would not have been reasonably apparent to you upon delivery of the Goods to you, or that the deficiency in the Goods only manifested itself following delivery of the Goods to you, then the provisions of Condition 9.1 (b) (ii) will apply.
6.11 In the event that you are in breach of the Contract, we reserve the right to refuse to supply you with any additional Goods, or to suspend the delivery of any Goods, without limiting any other remedy available to us. We may exercise this right until such time as the breach has been remedied, where such breach is remediable.
7. Risk and Title
7.1 The Goods will be at your risk from the time of delivery.
7.2 Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, including any carriage charges.
7.3 If you are contracting as a business customer, ownership of the Goods will only pass to you upon:
(a) our receipt of the sums detailed in clause 7.2 above, together with
(b) all other sums which are or which become due to us from you on any account.
7.4 Until ownership of the Goods has passed to you, if you are contracting as a business customer, you must:
(a) store the Goods (at no cost to us) separately from all your other goods and any goods of any third party in such a way that they remain identifiable as our property;
(b) not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods, maintain the Goods in satisfactory condition and keep it insured on our behalf for the full price of the Goods against all risks to our reasonable satisfaction. On request you shall produce the policy of insurance to us; and
(c) hold the proceeds of the insurance referred to in sub-clause (b) on trust for us and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
7.5 If you are contracting as a business customer, your right to possession of the Goods shall terminate immediately, if:
(a) you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
(b) you suffer or allow any execution, whether legal or equitable, to be levied on your property or be obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986, or you cease to trade, or you encumber or in any other way charge the Goods.
8. Quotations, Prices and Payments
8.1 Quotations are available upon request and are only valid for 7 days after the initial quote date.
8.2 Any price or quotations is subject to change at any point without notice, including advertised offers.
8.3 The price of the Goods will be as quoted on our site from time to time, except in cases of obvious error.
8.4 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
8.5 Our site contains a number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the correct price of the Goods is less than our stated price we will charge the lower amount when dispatching the Goods to you. If the correct price of the Goods is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject your order and notify you of such rejection.
8.6 We are under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing.
8.7 A 30 day credit account is available to Schools, Colleges, Universities, Government Departments, Registered Charities and National, Local or Parish Councils. This is limited to a maximum of £500.
8.8 Payment can be made by BACS or via Credit/Debit Card.
8.9 We DO NOT accept cheque payments.
8.10 Payment is required prior to dispatch unless credit terms have been agreed.
8.11 Our credit terms of payment are 30 days from date of invoice. All payments must be made in sterling. If you are in default, we reserve the right to charge a fixed recover fee of £40 and interest on overdue accounts at a rate of 8% for each month or part thereof that you remain in default. We reserve the right to withhold dispatch of Goods if your account is in arrears.
8.12 We reserve 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.
9. Refunds and Claims Policy
9.1 When you return Goods to us:
(a) because you are contracting as a consumer and you have cancelled the Contract between us within the seven-day cooling-off period (see clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Goods in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us;
(b) when you return Goods to us for any other reason, returns will be subject to the following process:
(i) returns of non-faulty Goods by business customers under this clause 9.1 (b) (i) shall only be refunded or replaced without charge if you contact us within 5 days of receipt of the Goods, informing us of your wish to return them. The Goods must be returned in accordance with our standard authorisation procedure (Contact Customer Services on 0333 050 3421 for details). Without limitation, you must take reasonable care of the Goods in your possession and the Goods must be returned at your risk, in the same condition in which you received them and securely re-packed in their original packaging. A handling charge of 35% of the invoiced value of the Goods plus the delivery and return carriage costs will be levied. There will be an additional charge for re-boxing if the original packaging is not in a suitable condition for re-stocking. Any Goods which are personalised, customised, made to your specification or manufactured to a visual proof which has been approved by yourself or somebody in your organisation cannot be returned unless the Goods are found to be damaged or defective;
(ii) without limiting any of the provisions of clause 6.9, if you wish to return Goods to us because they are damaged or defective, or do not materially conform to their specification, any such damage, defect or nonconformity must be notified to us as soon as possible, but in any event within 5 days of the date that you discovered or ought to have discovered the damage, defect or nonconformity, (within 48 hours if damage in transit is alleged), and no further use of the Goods must be made following discovery of the damage, defect or nonconformity. We will examine the returned Goods and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the damaged, defective or nonconforming Goods. Goods returned by you because of damage, defect or nonconformity will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
9.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9.3 You have an obligation to take reasonable care of the Goods whilst they are in your possession. The consequences of failing to discharge this obligation with respect to any Goods to which clause 9.1 (a) applies are set forth in clause 5.2; we may also, at our discretion and without limitation, refuse to refund or replace any Goods to which clause 9.1 (b) applies if we consider that you have failed to discharge this obligation.
9.4 In accordance with clause 9.3, you must not make any improper use of, or make any unauthorised modifications or repairs to, the Goods, and you must otherwise take reasonable care to avoid any risk of damage occurring to the Goods by any means.
9.5 Notwithstanding the provisions of clause 10.1.(a) which relate to fitness for purpose, unless otherwise agreed by us in writing in any particular instance, you shall be solely responsible for selecting Goods which are suitable for use for the specific purpose for which they are to be used.
9.6 For the avoidance of doubt, if any failure to discharge the obligation in clause 9.3 results in any loss or damage pursuant to clause 10, any such loss or damage may be considered as having been caused by you or contributed to by you.
9.7 Claims in respect of non-delivery must be made in writing so as to reach us within 4 days from the expected delivery date on your Delivery Confirmation.
9.8 We require any printing to be returned in full before agreeing to reprint. If we deem the printing to be of sufficient quality, and within tolerance we reserve the right to return the goods and refuse a reprint or refund.
10.1 If you are contracting as a consumer:
(a) we warrant to you that any Goods purchased from us through our site are of satisfactory quality and reasonably fit for all of the purposes for which goods of that kind are commonly supplied; but
(b) we shall only be liable to you for:
(i) losses that are caused as a result of any breach of Contract by us (up to the value of the purchase price of the Goods you purchased); and
(ii) losses that are caused as a result of our negligence; and
(c) we shall not be liable for any loss pursuant to clause 10.1.(b) if:
(i) any such loss is not foreseeable. Losses are foreseeable if they could have been contemplated by both of us at the time that your order was accepted by us; or
(ii) any such loss (or any part thereof) was caused by or contributed to by your breach of any of these Conditions; and
(d) for the avoidance of doubt, we shall not be liable for any indirect losses which happen as a side effect of the main loss or damage, and which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) howsoever arising and whether caused by breach of contract, negligence, or otherwise.
10.2 If you are contracting as a business customer:
(a) all warranties, representations, terms, conditions and duties implied by law relating to fitness, quality or adequacy are excluded to the fullest extent permitted by law;
(b) without limiting the generality of clause 10.2.(a), we shall not be liable to you if any monies due from you to us have not been paid in full;
(c) without prejudice to any of the provisions of this clause 10.2, we shall have no liability to you for any:
(i) consequential losses;
(ii) loss of profits and/or damage to goodwill;
(iii) economic and/or other similar losses;
(iv) special damages and indirect losses;
(v) business interruption, loss of business, contracts and/or opportunity; and/or
(vi) inconvenience, delay or loss of production;
(d) without limitation to any of the foregoing, our aggregate liability to you (whether for breach of Contract or for negligence or otherwise howsoever), for any loss or damage of whatsoever nature and howsoever caused, shall be limited to and in no circumstances shall exceed the price of the Goods purchased from us; and
(e) without limitation or prejudice to any of the foregoing, you shall indemnify and hold us, our partners, affiliates, officers and their employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising from any breach of the Contract by you, or the infringement by you, or anybody else using your account, of any intellectual property or other right of any person or entity.
10.3 Nothing in these Conditions shall exclude or limit in any way our liability:
(a) for death or personal injury caused by our negligence;
(b) under section 2(3) of the Consumer Protection Act 1987;
(c) for fraud or fraudulent misrepresentation; or
(d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11. Written Communications
11.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This clause does not affect your statutory rights.
12.1 All notices to us shall be in writing and shall be made either via e-mail or post to the addresses in the Contact Us section of our site. We may broadcast notices or messages through our site or contact you by email and notification by either of these methods shall constitute notice to you.
13. Artwork and Printing
13.1 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 us pursuant to or in implementation of any contract with the customer shall belong to us.
13.2 All artwork is printed using CMYK unless otherwise requested by the customer. Such a request will incur an additional fee.
13.3 All orders are completed solely on the basis of the Artwork and information provided to us by the customer. Any additional costs that arise due to the inaccuracy of the artwork supplied will be the sole responsibility of the customer.
13.4 We charge £35.00 an hour for any artwork that is required.
13.5 Once your design project is initiated and any preliminary artwork has been created by us, all retainer payments made by you become non-refundable.
13.6 Once you have placed your order, you will not be able to make changes to the artwork you have supplied, you will become liable to charges if you need to amend or supply new artwork.
13.7 For all orders (including online), we only quote for one design per kind, any additional are chargeable.
13.8 We will not print the order before payment has been made, unless otherwise specified by us.
13.9 Please note that all images, text and logos are the intellectual property of Elliott O’Callaghan and are not to be used without our written permission.
14. Proofs and Artwork Approval
14.1 Please note that the colour of the printed item will be affected by the type of material chosen for the artwork to be printed on, as well as any applied Lamination or Varnish. We will not accept liability or responsibility for any variations in colour or any other defects or irregularities as a result of this.
14.2 Digital Proofs are supplied as standard. Physical Proofs must be requested by the person ordering at the time of ordering in writing, verbal confirmation will not be accepted. All proofs are subject to an additional charge unless otherwise agreed.
14.3 If whilst performing a standard or advanced (proofing) check, we discovers that the Artwork provided by the customer is defective or incorrect, we will notify the customer. It is the customers responsibility to either provide the corrected artwork, or give permission for us to the make the necessary changes (charges will be applicable). If the customer chooses to proceed without making the advised corrections, then they do so at their own risk. We will not be held responsible for any mistakes, viewing, spelling, punctuation, contact details or layout.
14.4 Please check proofs thoroughly as once passed, all proofs are deemed correct and ready to go print and the responsibility passes to the customer. We will not commence print until we have received approval from the customer. This must be done through our online proof system, verbal acceptance will not be accepted.
14.5 Final proofs must be signed off by the customer in writing, and the sign off email received by us.
15. On Hold
15.1 If artwork approval has not been made within 5 days of digital proof being sent your order will be placed on hold. We will make contact in writing to advise you that your order has been placed on hold.
15.2 Any orders on hold that have been paid for will be cancelled and refunded on the 21st day of being on hold. Account customers orders will be cancelled.
15.3 Any artwork that has been specifically designed for any order that is placed on hold will be charged at 25% of the overall order total.
16. Transfer of Rights and Obligations
16.1 Any Contract between you and us is binding on you and us and on our respective successors and assigns.
16.2 You shall not assign or delegate all or any of your rights or obligations under the Contract without our prior written consent, such consent not to be unreasonably withheld.
16.3 We reserve the right to assign, subcontract or transfer all or any of our rights and obligations under the Contract to any person, firm or company without notice to you.
17. Events Outside our Control
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (Force Majeure Event).
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; or
(f) the acts, decrees, legislation, regulations or restrictions of any government.
17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
18.1 If we fail, at any time during the pendency of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.
19.1 If any of these Conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20. Entire Agreement
20.1 These Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
20.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Conditions.
21. Our Right To Vary These Conditions
21.1 We have the right to revise and amend these Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
21.2 You will be subject to the policies and Conditions in force at the time that you order Goods from us, unless any change to those policies or these Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Conditions before we send you the Dispatch Confirmation.
22. Law and Jurisdiction
The Contract will be governed by English law. Any dispute arising from, or related to, the Contract shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
If you have any questions about our Terms and Conditions, please contact us:
- By email: email@example.com
- By phone number: 0333 050 3421
- By mail: 23 Holland Road, Wallasey, Wirral, CH45 7RA