Terms & Conditions
Terms of Sale – www.ayupdesign.co.uk
This page (together with the documents referred to in it) sets out the terms and conditions on which we supply any of the products (“Products”) listed on our website www.ayupdesign.co.uk (“our site”) to you. Please read these terms and conditions carefully before ordering any Products from our site – in particular, our limit of liability at paragraph 14 below. You understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
Should you wish to print a copy of these terms and conditions for future reference, press ctrl + p to do so.
- INFORMATION ABOUT US
Our site is operated by Ayup Creative Media Ltd (“we/us/our”). We are registered in England and Wales under company number 12632074 and our registered office is 54 Lynwood Crescent, Pontefract, WF8 3QX.
- YOUR STATUS
2.1. By placing an order through our site you warrant that:
2.2.1. you are legally capable of entering into binding contracts; and
2.2.2. you are at least 18 years old.
2.3. If you are placing an order through our site on behalf of a business, you warrant that you have the necessary authority from that business to place the order.
2.4. You agree only to provide a third party’s personal information if they have given you express consent to use it in respect of the Products you have ordered.
- HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1. Your order constitutes an offer to us to buy a Product or Products. All orders are subject to acceptance by us, and we will confirm such acceptance to you by electronic notification at the end of the ordering process (the “Order Confirmation”). We are unable to issue an Order Confirmation until such time as the ordering process is complete. The contract between us (“Contract”) will only be formed when we send you the Order Confirmation. Once the Contract has been formed, the terms of the Contract cannot be varied without our prior written consent.
3.2. As all of the Products will be made to your specification or will be personalised by you, you will not have any right to cancel the supply of any of the Products once you have placed an order. If, however, an order is incorrectly placed, please contact us as soon as possible by telephone at 0114 3035730 or email at firstname.lastname@example.org If your order has not yet been submitted to print, we may (at our sole discretion) allow you to cancel the order and issue a refund to you to enable you to place re-order the Products. However, if the order has been submitted to print, we will be unable to issue such cancellation.
3.3. We take payment at the time that you place an order with us. Please see paragraph 12 below for further information regarding prices and payment.
- USE OF OUR DESIGNS
4.1. Our site and all intellectual property rights therein (including all text, imagery, template designs, trade names and logos) are owned by, or licensed to, us. Subject to paragraph 4.2 below, you may use our site and the template designs for the purpose of creating Products and placing orders, but such use shall not transfer ownership of any part of our site or our intellectual property rights to you. As set out in paragraph 5.8, you will only own Your Material and any customised element of our template designs.
4.2. If you wish to use any of our template designs on our site in creating your Products, you will need to pay us the appropriate fee as advertised on our site from time to time. We shall then grant to you a royalty-free, non-exclusive, perpetual, non-transferable licence for you to use that template design in your advertising and marketing material (such as vans and signage (such as posters and stickers) and business stationery as part of a Product PROVIDED that you do not use the template design on any product intended for sale or resale by you.
- MATERIAL AND INFORMATION PROVIDED BY YOU
5.1. Whenever you make use of a feature that allows you to upload material to our site (“Your Material”) you must comply with the content standards set out in paragraphs
5.2 and 5.3 below (“Content Standards”). If Your Material does not comply with those Content Standards, you shall indemnify us for any losses, damages, claims and other expenses we may incur as a result of such breach.
5.2. Your Material must:
5.2.1. be accurate (where it states facts);
5.2.2. be genuinely held (where it states opinions); and
5.2.3. comply with the law applicable in England and Wales and in any country from which it is uploaded.
5.3. Your Material must not:
5.3.1. be defamatory of any person;
5.3.2. be obscene, offensive, hateful or inflammatory;
5.3.3. promote sexually explicit material;
5.3.4. promote violence;
5.3.5. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
5.3.6. infringe any intellectual property rights of any third party. We have the right to disclose your identity to any third party claiming that any material uploaded by you to our site constitutes a violation of their intellectual property rights;
5.3.7. be likely to deceive any person;
5.3.8. breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
5.3.9. promote any illegal activity;
5.3.10. be in contempt of court;
5.3.11. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
5.3.12. be likely to harass, upset, embarrass, alarm or annoy any other person;
5.3.13. impersonate any person, or misrepresent your identity or affiliation with any person;
5.3.14. advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse; or
5.3.15. contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
5.4. We have the right to remove any of Your Material if, in our opinion, Your Material does not comply with the Content Standards. You will receive a full refund of any sums already paid for an order we do not fulfil.
5.5. In addition to complying with the Content Standards, you agree that all of Your Material uploaded by you onto our site will be done at your own risk. You must retain a copy of Your Material that you upload. We expressly exclude all liability for any uploaded Your Material which is lost or damaged during or after the uploading process.
5.6. Failure to follow our site’s preparatory instructions for uploading Your Material may result in Products of poor quality. Please review these instructions carefully. We accept no responsibility for poor quality Products in those circumstances. You are further advised to review paragraph 6 below regarding Product.
5.8. Nothing in these terms and conditions shall transfer ownership of Your Material or any personalisation of our template designs to us or to any third party. You will continue to own all of Your Material and any personalisation that you may create through our site. As set out in paragraph 4 above, we will continue to own all of our site and any intellectual property rights therein (including our template designs).
6.1. Prior to producing the Products, we make an electronic proof of the Product available for your approval. You are responsible for approving these proofs. You accept that once you have approved the proof, the Products cannot be changed nor cancelled. We shall have no liability to you for any errors in the proof subsequently discovered by you.
6.2. Your statutory rights are not excluded, limited or otherwise affected by these terms and conditions.
6.3. If Your Material is submitted to us for online approval before 5pm, we will be able to set up a proof of the Product automatically that day. If Your Material is submitted to us for manual approval before 1pm, we will be able to set up a proof of the Product for you before 5pm. If Your Material is, however, submitted to us for manual approval after 1pm, we cannot guarantee a proof of the Product before 5pm.
6.4. If you do not require a proof on the Product, you must submit this before 3pm to ensure that it goes to print that day.
- AVAILABILITY AND DELIVERY
7.1. Unless there are exceptional circumstances, your Products will be despatched for delivery in accordance with the delivery service chosen by you during the ordering process. We do not offer international delivery at this time, but we will update our site if we can offer this service in the future.
7.2. The dispatch timescales for your Products will be dependent upon what type of Products have been ordered. Please review our site for our current estimated dispatch timescales per Product type. We use DPD to deliver all Products and these are sent on a Next Day Service excluding Inverness, Highlands, Northern Ireland, Isle of Man, Isle of Wight, Paisley and Aberdeen which will be delivered on a Two Day Service. The turnaround dates are estimates and cannot be guaranteed.
7.3. An individual part is classed as a stand-alone product that may be sold in packages (e.g. in 1000 letterheads an individual part is 1 letterhead). We use our best efforts to deliver all parts to you in one package, but from time to time we may be unable to do so. In that circumstance we will update you by email and will arrange for separate deliveries.
7.4. Working days are Monday to Friday, excluding UK Bank Holidays.
7.5. All Products will require signature upon delivery. If anyone other than the intended recipient signs for the Product and the Product is subsequently not delivered to the intended recipient, we will incur no liability provided that the Product was delivered to the address provided by you as part of your order.
7.6. Delivery is complete once the Products have been unloaded at the address for delivery set out in your order and signed for.
7.7. Where delivery is delayed due to exceptional circumstances or a Force Majeure Event (please see paragraph 19 below), we will process the delivery as soon as we reasonably can and will keep you updated regarding this by email. We will have no liability to you in that circumstance.
7.8. Where delivery is not possible as a result of us being provided with the incorrect delivery address details, our delivery service will return the Products to us and we will hold these for 5 working days. We reserve the right to make an additional delivery charge for re-despatch of the Products to the correct delivery address. If you have not contacted us regarding re-despatch within 5 working days, we may recycle the Products at our option and you will need to place a new order with us if the Products are still required.
8.1. You must notify us within 30 days of the date that the Products were dispatched of any failure on our part to deliver the Products in order that we can investigate the failure and take appropriate action. You should notify us by telephone at 0114 3035730 or email at email@example.com. If you notify us after 30 days, paragraph 15.2 below shall apply.
8.2. The earliest date we can claim against DPD for non-delivery is 15 working days from the date of despatch. We cannot process a reprint or refund before this time.
9.1. All reasonable endeavours will be made to deliver the correct quantity of Products ordered by you. However, you acknowledge that variations in respect of quantities are inherent within the printing industry.
9.2. Our liability in respect of shortages are as follows:
|Quantities Ordered||No credit awarded||Refund calculated on a pro rata basis||Missing quantities replaced|
|25 – 100||Shortage of up to 5%||Shortage of between 6% & 20% inclusive||Shortage of 21% and over|
|101 – 1000||Shortage of up to 5%||Shortage of between 6% & 7% inclusive||Shortage of 8% and over|
|1001 – 5000||Shortage of up to 5%||Shortage of between 4% & 7% inclusive||Shortage of 8% and over|
|5001 & over||Shortage of up to 5%||Shortage of between 3% & 4% inclusive||Shortage of 5% and over|
9.3. All refunds or re-prints shall be issued within 7 working days from the date of notification of an incorrect quantity.
9.4. All overages may be kept by you at no additional cost.
10.1. The images of Products and template designs on our site are for illustrative purposes only.
10.2. You accept that variations in colours are inherent within the printing process for files submitted. You also understand and accept that computer hardware are such that we cannot guarantee that the Product colours will match those displayed on your computer screen during the ordering process.
10.3. We cannot be held responsible or liable for colour variance on an order that has been printed with us, regardless of when it was printed. However, if you are not happy with the Product that you have received, we may at our discretion offer a reprint or a refund. We are not liable to offer both. Please contact us by telephone at 0114 3035730 or email at firstname.lastname@example.org. if you wish to discuss this further with us.
10.4. For a folded leaflet and/or booklet, our tolerance is 1.5mm from the fold line as marked on your proof.
10.5. Please be aware there is also a 0.5mm off centre tolerance for trimming on some Products – for business cards, for example, the tolerance on trimming is 1mm.
10.6. The packaging of your Products may vary from that shown on images on our site.
10.7. If you wish to add any additional finishing tolerances, you can do so when completing your order process using our site. If the additional finishing tolerances are at an additional cost, these will be set out on our site.
- RISK AND TITLE
11.1. The Products will be at your risk from the time of delivery.
11.2. Ownership of the Products will pass to you on delivery.
- PRICE AND PAYMENT
12.1. The price of any Products will be as quoted on our site from time to time, except in cases of obvious error. We sell a large number of Products through our site and it is always possible that, despite our best efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Products at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and will notify you. If we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Products and refund you any sums you have paid.
12.2. The prices do not include VAT and delivery costs, which will be added to the total amount due as set out in the “basket” section of the order process.
12.3. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
12.4. You may pay for Products using PayPal, any debit or credit card.
- OUR REPLACEMENT POLICY
13.1. If you believe that a Product is defective, we may request that you return the product for our examination.
13.2. Our liability in respect of misprints are as follows;
|Quantities Ordered||No credit awarded||Refund calculated on a pro rata basis||Defective products replaced|
|25 – 100||Misprints of up to 5%||Misprints of between 6% & 20% inclusive||Misprints of 21% and over|
|101 – 1000||Misprints of up to 5%||Misprints of between 6% & 7% inclusive||Misprints of 8% and over|
|1001 – 5000||Misprints of up to 3%||Misprints of between 4% & 7% inclusive||Misprints of 8% and over|
|5001 & over||Misprints of up to 5%||Misprints of between 3% & 4% inclusive||Misprints of 5% and over|
- OUR LIABILITY
14.1 Subject to paragraph 14.2 below, our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product (including delivery costs).
14.2. We do not exclude or limit in any way our liability:
14.2.1. for death or personal injury caused by our negligence;
14.2.2. under section 2(3) of the Consumer Protection Act 1987;
14.2.3. for fraud or fraudulent misrepresentation; or
14.2.4. for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
14.3. Whether caused by our negligence, breach of contract or breach of duty, we exclude all liability for:
14.3.1. any direct 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; or
14.3.2. any indirect or consequential loss or damage of any kind however arising, even if foreseeable.
14.4. Except as expressly stated in these terms and conditions, we do not give any representations, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these terms and conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
15.1. Claims for damage, shortages or non-delivery must be advised by telephone at 0114 3035730 or email at email@example.com within 30 days from the date that the Products were dispatched.
15.2. We shall not be liable in respect of any claim unless we are notified in accordance with paragraph.
15.3. except where you demonstrate to our reasonable satisfaction that it was not possible to comply with this requirement and your claim was made by you as soon as reasonably possible thereafter.
- WRITTEN COMMUNICATIONS
17.1 You must give notice to Ayup Creative Media Ltd either at its registered office by registered post at your cost, or electronically using the messaging facility on our site. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in the way specified in paragraph 16. Notice will be deemed received and properly served:
17.1.1. within 1 working day when given electronically; and
17.1.2. 3 working days after the date of posting of any letter when served by post.
17.2. In proving the service of any notice, it will be sufficient to prove that such notice was properly addressed and sent.
- TRANSFER OF RIGHTS AND OBLIGATIONS
18.1. The Contract is binding on you and us and on our respective successors and assigns.
18.2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
18.3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
- EVENTS OUTSIDE OUR CONTROL
19.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
19.2. 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:
19.2.1. Strikes, lock-outs or other industrial action;
19.2.2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
19.2.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
19.2.4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
19.2.5. Impossibility of the use of public or private telecommunications networks; and
19.2.6. The acts, decrees, legislation, regulations or restrictions of any government.
19.3. 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.
20.1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and 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.
20.2. A waiver by us of any default shall not constitute a waiver of any subsequent default
20.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 17 above.
If any of these terms and Conditions or any provisions of a 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.
- ENTIRE AGREEMENT
22.1. These terms and 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.
22.2. 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 terms and conditions.
22.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
- OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
23.1. We have the right to revise and amend these terms and conditions from time to time.
23.2. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and 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 terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
- THIRD PARTY RIGHTS
The Contract is between you and us. No other person has any rights to enforce any of its terms.
- LAW AND JURISDICTION
Contracts for the purchase of Products through our site will be governed by the laws of England and Wales. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales
- CALL RECORDING
At Ayup Design we want to ensure that all calls are dealt with in a consistently professional manner and, therefore, calls may be recorded for training, quality and monitoring purposes. You will also be advised of this at the start of each call that you may have with us. If you do not consent to such recording, please let us know and we will either remove the recording from our calls with you or we will contact you by other means.
The rules below are applicable to all competitions, promotions, games, votes, offers or other similar commercial offering (referred to herein as ‘competition’) conducted by or on behalf of Ayup Design until further notice or until amended. These rules will be deemed incorporated in each competition except to the extent that any specific instruction in a competition (hereafter called the ‘competition instructions’) provides otherwise, in which case the competition instructions shall take precedence. By entering the competition, entrants (or voters for a particular entrant) together with any other member of the public involved (all such persons being referred to as ‘entrant’) hereby agree to be bound by these terms and conditions and by any competition instructions. It is the responsibility of entrants to keep themselves informed as to any updates of these rules, and they acknowledge that any failure to comply with these rules could lead to their disqualification without reasons being given or opportunity for challenge.
27.1 . The Judges shall, unless provided otherwise in the competition instructions, be the Creative and Marketing team for Ayup Design.
27.2 Ayup Design reserves the right to cancel or amend the prize draw and these terms and conditions without notice. Any changes to the prize draw will be notified to entrants as soon as possible by Ayup Design.
27.3 Ayup Design ultimately reserves all rights to cancel, change or update any competition at any given time. To this extent Ayup Design also ultimately reserves the right to disqualify any entrant(s) who are considered to be in breach of competition terms and conditions.
27.4 All competitions are open to UK residents aged 18 or over unless any other age restriction is specified or implied. Employees of Ayup Design and Ayup Creative Media Ltd and individuals connected with any company involved in the competition, agents and members of the immediate family of the above people will not be eligible to participate.
27.5 Entries must be made in accordance with the competition instructions. They are invalid if they are received any later than the specified closing time (which shall be London date and time).
27.6 The winner will be chosen in accordance with the competition instructions and the exercise of their residual discretion by the Judges, and either will be the first correct entry, randomly drawn from the total entries or all entries will be examined and the prize awarded to the entry that the Judges consider to be the best.
27.7 The winner agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
27.8 There will be no cash or other alternative to the prize offered and prizes are not transferable.
27.9 The winner will be notified by email up to 7 days after the closing date of the competition. The winner has 72 hours to respond to claim the prize after they have been notified. If the winner cannot be contacted or do not claim the prize within 72 hours of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
- ELECTION MATERIALS
28.1 Under the Political Parties, Elections and Referendums Act 2000, there are rules about putting imprints on printed election materials that printers and persons purchasing printed materials to be used in elections must comply with.
28.2 Election material is published material such as leaflets and adverts that can reasonably be regarded as intended to influence voters to vote for or against a political party or a category of candidates at relevant elections.
28.3 Relevant elections are: Scottish Parliamentary elections, National Assembly of Wales elections, UK Parliamentary general elections and European Parliamentary elections.
28.4 Imprints are information that is added to election material to show who is responsible for its production and publication. It helps to ensure that there is transparency about who is campaigning.
28.5 An Imprint must include the name and address of the printer, the promoter and any person on behalf of whom the material is being published (and who is not the promoter). The promoter is the person who has caused the material to be published. If the promoter is acting on behalf of a group or organisation, the group or organisation’s name and address must be included.
An example imprint could look like:
Printed by Ayup Creative Media Ltd, 54 Lynwood Crescent, Pontefract, WF8 3QX.
Promoted by “Your Organisation Name, Your Organisation Address”
On Behalf of “Individual or Party being promoted, Their Address” (If the promoter is different from the Party or Individual being promoted)
28.6 The imprint must be clear and visible, this means that if your material is a single sided document you must put the imprint on the face of the document. If it is a multi-sided document, you must put it on the first or last page.
28.7 As the person submitting the artwork you must ensure that your election materials contains the relevant imprint, we retain the right to reject your material if we consider it to have failed to comply with the above conditions.
28.8 Further information and guidance can be found on the Electoral Commission website https://www.electoralcommission.org.uk/ or by phone on 0333 103 1928.