TERMS & CONDITIONS

 

Thank you for your interest in Ever After Press.  Please note that all orders for goods or services placed with Ever After Press (“we, our or us”) are subject to these terms and conditions (Terms) available at everafterpress.com 

 

These Terms govern the relationship between you (“you”) and us.  We reserve the right to change and amend these Terms at any time so please review and make yourself familiar with the current Terms whenever you place an order with us for products or services.  Any order placed with us will be governed by the Terms on the Website at the time an order is placed.  Any subsequent change to those Terms must be agreed with us in writing.  Your use of the Website and/or your order will be construed as acceptance of the Terms.  If you are unclear on any aspect of the Terms please send us a note to discuss before placing your order and we would be happy to discuss your query.

 

The ‘General’ terms (set out in Part 1 below) apply to orders for all products and design services from us (whether general products or wedding stationery (standard, bespoke or personalised)).  Additional specific terms apply to: (i) wedding stationery services (both bespoke customers and personalised-luxe customers (as applicable) as set out in Part 2 and Part 3 (respectively) below); or (ii) orders for other Ever After Press products (Part 4).  Part 5 sets out specific Terms relating to access to and use of our Website.

 

PART 1 - GENERAL

 

Availability and Prices

 

There is no VAT to pay on our products and services. From time to time pricing may be adjusted but the website will always carry the most up-to-date price. We will do our best to make clear on the website where there is a problem with availability.

 

Delivery

 

Delivery is not included in our prices. We quote shipping costs on an individual basis. Any customs fees or import tax incurred during shipping are your responsibility and must be paid by you. We will not be responsible for delays caused by customs or postal or courier services.

 

Unless otherwise agreed, once we have dispatched the items to you (i.e. given the items to the postal service or a courier), the items will be held at your own risk and we will not be liable for their loss or destruction during shipping.  We will deliver items to the address given by you.

 

Please note that unless otherwise agreed in writing, lead-times, timescales and delivery estimates are non-binding estimates and cannot be guaranteed.

 

We aim to process your order in accordance with any lead-times and agreed timescales but it will not always be possible to do so, for example where delay is caused by circumstances which are outside our control or where we require your further instructions or provision of information or consideration of any proof and there is a delay on your behalf. Therefore, we and you agree that we cannot always guarantee to perform the services within the lead-times and/or timescales, but we aim to do so as soon as we reasonably can.

 

Ownership, Copyright and Intellectual Property

 

You will become the owner of any physical products delivered to you but not the art work. 

 

We will retain all copyright, title, interest and other intellectual property rights in the artwork and/or designs produced in the performance of the design services; and in the artwork and/or design in the products delivered to you. Please contact us if you would like to obtain permission to reproduce or transmit our designs and/or artwork.

 

 

 

Limitation of Liability (Important – please read carefully)

 

Please note we can accept no liability for damaged or faulty goods if you do not notify us of the problem within 5 days of receipt nor can we accept any liability for any delay in design services.

 

If the product or service that has been ordered does not correspond with the order or agreed proof or is damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing within 5 days of receipt.

 

If you notify a problem to us in accordance with the provision above, our only obligation will be to make good any shortage or deficiency; or to replace any product or service that is, incorrect, damaged or defective. Our liability under or in connection with our contract with you howsoever arising whether in contract or tort or otherwise shall not exceed the price you have paid to us.

 

We will not will not be liable to you for any direct, indirect or consequential loss, damages or expenses (including loss of profits, business or goodwill) howsoever arising whether based on contract, tort or any legal theory, resulting from: errors, mistakes, delays or inaccuracies of content on the Website; any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; any interruption or cessation of transmission to or from the website; and any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Website by any third party.

 

To the extent that any products incorporate content provided by you, you shall indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by us in connection with any claim made against us for actual or alleged infringement of a third party's intellectual property rights.  This provision shall survive termination of the contract between us.

 

This provision does not seek to exclude liability for any matter in respect of which it would be unlawful for us to exclude or restrict liability.

 

Electronic Communication

 

When you use the Website or send emails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.

 

Termination and Suspension

 

Without limiting our other rights or remedies, we may suspend provision of the goods or services under the contract or any other contract if we reasonably believe that you are about to become subject to any insolvency event or if you fail to pay any amount due under this contract on the due date for payment.

 

On termination of the contract for any reason you shall immediately pay us all of our outstanding unpaid invoices and interest.

 

Termination of the contract, however arising, shall not affect any of the parties' rights, remedies, obligations and liabilities that have accrued as at termination.  Provisions which expressly or by implication survive termination of the Contract shall continue in full force and effect.

 

Miscellaneous

 

This contract does not give any person who is not a party to it any right to enforce its terms.  In the event that any part of these Terms is deemed unenforceable (including any clause in which we exclude our liability to you) this will not affect the enforceability of any other part of these terms.

 

This contract is governed by English law and is subject only to the jurisdiction of the English courts.

 

The Terms constitutes the entire agreement between the parties. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in the contract. 

 

Any samples, drawings, descriptive matter or advertising issued by us and any descriptions of the any design services or products or illustrations or descriptions of the services or goods contained on our Website are issued or published for the sole purpose of giving an approximate idea of the services and/or goods described in them. They shall not form part of the contract between us or have any contractual force.

 

Any quotation given by us shall not constitute an offer, and is only valid for a period of 5 working days from its date of issue.

 

Nothing in the contract is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, nor constitute either party the agent of another party for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.

 

A waiver of any right under the contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the contract or by law shall constitute a waiver of that or any other right or remedy, nor prevent or restrict its further exercise of that or any other right or remedy.

 

You agree to keep in strict confidence all information relating to our contract which is of a confidential nature.

 

Neither party to the contract shall be liable for any failure or delay in performing its obligations under to the extent that such failure or delay is caused by a force majeure event (any event beyond a party's reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors). 

 

We may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the contract.  You may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the contract without our prior written consent.

 

Any notice or other communication given to a party under or in connection with the contract shall be in writing, addressed to that party the address that party has specified to the other party in writing (including by e-mail).  A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the third working day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by by fax or e-mail, one working day after transmission.

This provision shall not apply to the service of any proceedings or other documents in any legal action.

 

 

 

PART 2 –WEDDING STATIONERY

 

General

 

Deposit and Payments

 

When you agree to purchase wedding stationery products or design services from us you will be sent a quote outlining the full cost of the order. If you agree to this you will be sent an invoice via email. The first invoice will represent 50% of the total price of your order.  This as a non-refundable deposit which you are required to pay to confirm your order. In doing so you are entering into a binding contract with us and indicating that you agree to the Terms.

 

Payment of the non-refundable deposit must be made by electronic bank transfer before your order is confirmed and we can begin working on your stationery.  You will be invoiced for the remaining balance on your order when you have signed off all artwork and your stationery is ready to go to print. Please note that we will not print your stationery if this second payment is not made.

 

Deadlines, shipping and delivery estimates

 

We will always give you an estimated time-scale for design and production of your stationery but this will always be an estimate. Whilst we always do our best to meet deadlines there are rare occasions where circumstances beyond our control may prevent this and so deadlines cannot be guaranteed. We will always keep you informed if there is a problem.  In the case of both UK and international shipping we cannot be held responsible for delays caused by the carrier. For our personalised collection we estimate printing and delivery will normally take 2-4 weeks within the UK but for bespoke work within the UK please allow 4-6 weeks for printing and delivery. For international deliveries shipping may take longer.

 

Cardstock

 

Unless otherwise agreed, the default cardstock options are either [Gesso Textured 250gsm cardstock] or [Smooth Recycled 350gsm cardstock]. In the event that your cardstock of choice for your product is not available for whatever reason, we reserve the right to substitute the cardstock with a replacement which is of comparable quality and value.

 

Refunds, cancellations or returns

 

Ever After Press wedding stationery products are made to order and therefore they cannot be returned.  If a product arrives which is damaged or faulty please contact us within 5 days of receiving it and we will discuss how best to put the situation right. 

 

Any damaged or faulty goods must be returned to us to be checked and verified before a refund is issued.

 

[Should you wish to request a refund for faulty or damaged goods please return them to us and we will refund the payment of the second 50% invoice.]

 

Delays

 

If you are responsible for any delays including but not limited to the approval of proofs; requests for further amendments; or a failure to provide information within a time frame reasonably provided by us, then we will not be responsible for any consequential delays in the performance of our design services or the production of your products. You will also be responsible for the payment of any rushed fees incurred.

 

Supplying text

 

You must supply the text for your stationery and are responsible for ensuring all the details, spelling and grammar are correct. Design cannot begin before you have supplied your required text. 

 

For bespoke customers, you will have the opportunity to make changes in the agreed number of rounds of amends during the design process. All changes to the design must be made before the design goes to print, no further amends can be made after this point.

 

For personalised customers, it is essential that you confirm the order and spelling of any wording that is provided to us during the ordering process. Any wording must be provided exactly as you would like it to appear on your wedding stationery. We reserve the right to charge an additional discretionary design fee for the re-ordering or re-sizing of any text or words after the design process has begun, based on the quantity and complexity of the changes to be made.

 

Lettering Changes

 

It is essential that you confirm the order and spelling of any words that are to be hand- lettered before you submit these details to us during the ordering process. Re-ordering the words or changing the spelling means that the letters will have to be re-drawn and therefore we reserve the right to charge an additional discretionary design fee based on the quantity and complexity of the changes to be made.

 

Proofs

 

Electronic proofs are included as part of the agreed price and will be sent by email unless otherwise agreed. Hard copy proofs are available at an additional cost of [£20 per item][(flat digital printing only)]. Please be aware that colours can vary between computer screens when viewing digital proofs. It is your responsibility to request printed proofs at a cost of [£20 per proof] if you wish to check how colours will appear in print. We will not accept responsibility for colours which you deem to be different in print to digital proofs. 

 

Please bear in mind that you are responsible for checking all aspects of the proof (including, but not limited to, colour, layout, spelling, font size, typeface and wording).  By approving the final proof, you will be accepting responsibility for all elements of the proof including the content, design, layout and wording (including spelling).

 

If you wish to change any element of the design after final proof (but before being sent to print), we reserve the right to charge an additional discretionary design fee.

 

No further amendments can be made once the proof is signed off and has been sent to print.  We are not responsible for the cost of reprinting if errors (such as spelling mistakes) are discovered after the design has gone to print.

 

[Design and proofing is timely and as such is factored into our pricing. We provide two free proofs per design suite as set out in the process section of each product listing. We retain the right to charge up to [£40 an hour (or per proof)] for any additional changes or proof revisions that you require. If you change your suite after one or two of the free proofs, there will be a charge of [£40 per completed proof.]]

 

Cancellation

 

The initial 50% deposit is non-refundable. If you wish to cancel your order during the design process before the artwork has gone to print you will not be required to pay the second 50% due on the stationery. Once you have paid the second 50% the sale becomes final. All sales of bespoke stationery and stamps are final except where a product is damaged or faulty. If this is the case you must notify us with 5 days of the receipt of the products. See above for more details.

 

Cancellations

 50% of the overall cost of the order, or the deposit cost (whichever is higher) is non-refundable after the order has been confirmed and accepted. In addition, orders may not be cancelled or refunded after final proofs have been approved. Once you have provided final approval of your order, we cannot accept returns due to any and all errors (e.g. typos).

 

All sales are final except when goods are damaged or faulty. Any damaged or faulty goods must be notified to us by email within 5 days of receipt. Any damaged or faulty goods must be returned to us to be checked and verified before a refund is issued.

 

Cancellations

 50% of the overall cost of the order, or the deposit cost (whichever is higher) is non-refundable after the order has been confirmed and accepted. In addition, orders may not be cancelled or refunded after final proofs have been approved. Once you have provided final approval of your order, we cannot accept returns due to any and all errors (e.g. typos).

 

All sales are final except when goods are damaged or faulty. Any damaged or faulty goods must be notified to us by email within 5 days of receipt. Any damaged or faulty goods must be returned to us to be checked and verified before a refund is issued.

 

 

Proofs

If you are a bespoke customer, the bespoke design process includes [three rounds of amends and three electronic proofs]. You will be required to check these proofs carefully and make us aware of any amends that are required.  If further design rounds above the agreed number are required we reserve the right to charge our agreed hourly rate for this service.

 

Proofing

 Design proofs are sent via email unless specifically requested otherwise, using the options you have selected in your order - please note that you are responsible for checking layout, wording and spelling.By approving your final proof you accept responsibility for the information, wording and layout as shown. If designs are approved/signed off with typos/errors and subsequently printed, we will take no responsibility. If errors are discovered after proof approval, we are required to charge for a reprint. If replacements are required, then they will be charged for in full.

 

Design and proofing is timely and as such is factored into our pricing. We provide one free proof as set out in the process section of each product listing. We retain the right to charge up to £40 an hour for any additional changes or proof revisions that you require.

 

Cancellations

 50% of the cost of any order is non-refundable after the order has been confirmed and accepted. In addition, orders may not be cancelled or refunded after final proofs have been approved. Once you have provided final approval of your order, we cannot accept returns due to any and all errors (e.g. typos).

 

All sales are final except when goods are damaged or faulty. Any damaged or faulty goods must be notified to us by email within 5 days of receipt. Any damaged or faulty goods must be returned to us to be checked and verified before a refund is issued.

 

Termination

 

We may terminate our contract with you with immediate effect by giving written notice to you if you fail to pay any amount due under this contract on the due date for payment.  Without limiting our other rights or remedies, we may suspend the supply of services or all further deliveries of goods under the contract or any other contract between us if you fail to pay any amount due under this contract on the due date for payment.

 

 

PART 3 – PERSONALISED LUXE WEDDING STATIONERY

 

Supplying text

 

You must supply the text for your stationery and are responsible for ensuring all the details, spelling and grammar are correct. Design cannot begin before you have supplied your required text. You will have the opportunity to make changes in the agreed number of rounds of amends during the design process. All changes to the design must be made before the design goes to print, no further amends can be made after this point.

 

Proofs

 

Electronic proofs are included as part of the agreed price and will be sent by email unless otherwise agreed. Hard copy proofs are available at an additional cost of £20 per proof. The personalised and semi-bespoke design process includes two rounds of amends and two electronic proofs. You will be required to check these proofs carefully and make us aware of any amends that are required. Once the final proof has been signed off and the artwork has been sent to print no further amends can be made. You are responsible for ensuring the text and design are completely correct.

 

If further design rounds are required we reserve the right to charge our agreed hourly rate for this service.

 

Ever After Press is not responsible for the cost of reprinting if errors (such as spelling mistakes) are discovered after the design has gone to print.

 

Customised colours

 

We are happy to customise the colours in our personalised and semi-bespoke designs to fit with your colour scheme. However, you must be aware that colours can vary between computer screens when viewing digital proofs. It is your responsibility to request printed proofs at a cost of £20 per proof if you wish to check how colours will appear in print. We do not hold responsibility for custom colours which you deem to be different in print to digital proofs.

 

Delays

 

We are not responsible for any delays caused by your failure to check and sign off proofs or supply detail within a reasonable time frame agreed between us. We are not responsible for any fees incurred by delays caused by your failure to respond on time.

 

Cancellations

 

The initial 50% deposit is non-refundable. If you wish to cancel your order during the design process and before the artwork has gone to print you will not be required to pay the second 50% due on the stationery. Once you have paid the second 50% the sale becomes final. All sales of personalised and semi-bespoke stationery are final except where a product is found to be damaged or faulty. If this is the case you must notify us with 10 days of the receipt of the products. See above for more details.

 

PART 5 – OTHER EVER AFTER PRESS PRODUCTS

 

Contract for the supply of other Ever After Press products

 

The Terms in this Part 5 apply to orders for all products which are not wedding stationery products (which are covered by Parts 1 and 2 or 3 (as applicable)) to the exclusion of any other terms that the customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. 

 

An order by a customer (namely, the customer’s order for any goods using the Website or through the customer’s acceptance of any quotation by us for goods or services (as applicable) constitutes an offer by the customer to purchase the goods in accordance with these Terms. The customer is responsible for ensuring that the terms of any order and any applicable specification submitted by it are complete and accurate.

 

[An order shall only be deemed to be accepted when we issue a written acceptance of the Order, at which point the Contract shall come into existence.]

 

The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Supplier which is not set out in the Contract. 

 

Any samples, drawings, descriptive matter, or advertising produced by us and any descriptions or illustrations contained in any of our catalogues or brochures are produced for the sole purpose of giving an approximate idea of the goods described in them. They shall not form part of any contract or have any contractual force.

 

A quotation for any goods given by us shall not constitute an offer. A quotation shall only be valid for a period of 5 working days from its date of issue.

 

Goods

 

The goods are described on our Website or in our catalogue (as applicable) (as modified from time to time.

 

To the extent that any goods are to be manufactured in accordance with a specification supplied by a customer, the customer shall indemnify the Supplier against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by us in connection with any claim made against us for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with the Supplier's use of the Specification. This clause shall survive termination of the contract.

 

We reserve the right to amend the specification of any goods if required by any applicable statutory or regulatory requirements.

 

Delivery

 

If for any reason we fail or unable to deliver the goods, our liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. We shall have no liability for any failure to deliver goods to the extent that such failure is caused by a force majeure event or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the goods.

 

Quality

 

We will not be liable for any goods' failure to comply with any warranty (implied or express) relating to fitness for purpose, quality, defects or specification if (i) you make any further use of such goods; (ii) the defect arises because you failed to follow oral or written instructions as to the storage, use and maintenance of the goods or (if there are none) good trade practice regarding the same; (iii) the defect arises as a result of us following any drawing, design or specification you provided; (iv) you alter or repair such goods without our written consent; (v) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or (vi)     the goods differ from their description or the specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

 

The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from this contract.

 

Price and Payment

 

7The price of the Goods shall be the price set out in the Order, or, if no price is quoted, the price set out in the Supplier's published price list in force as at the date of delivery.

 

We may, by giving notice to you at any time before delivery, increase the price of the goods to reflect any increase in the cost of the goods that is due to (i) any factor beyond our control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs); (ii) any request by you to change the delivery date(s), quantities or types of goods ordered, or the specification; or (iii) any delay caused by any of your instructions or failure of by you to give us adequate or accurate information or instructions. 

 

The price of the goods is exclusive of the costs and charges of packaging, insurance and transport of the Goods, which shall be invoiced to the customer.

 

PART 5 – TERMS RELATING TO THE USE OF THE WEBSITE

 

1.    The Website

 

Every product or service advertised on our Website is sold subject to description. We do our utmost to ensure that all information about our products, including but not limited to production information, availability and pricing is correct. Whilst we aim to keep the Website up to date, the information you see may not always completely represent the product perfectly.  We can offer no guarantee that the information displayed on the Website is completely correct. However, we always do our best to ensure that all content and information found on our site is as accurate as possible at the time it is published. We reserve the right to make changes to any information on the site at any time.

 

2.    Intellectual Property and Copyright

 

All content on www.everafterpress.co.uk is our property or licensed to us, and is subject to copyright and other intellectual property laws.   Content included in the Website may be accessed by you for your own internal non-commercial use only. You may not copy, perform, publish, modify, transfer, create derivative works from, commercially exploit or otherwise use in whole or part any content, software, products or services obtained from the Website.  You may not delete or alter in any way any copyright, trade mark, intellectual property or other legal notices from any part of this Website.