Terms & Conditions for Sale of Goods
Effective Date: October 25th, 2012
1.1 We are Munco International Limited trading as “Adband”. We are registered in the UK (technically “England & Wales”) under number 2828602. Our registered office and trading address is at 10 Royal Scot Road, Pride Park, Derby, DE24 8AJ.
1.3 You are not eligible to buy any goods via this site if
1.3.1 you are below the legal age to form a binding contract with us (unless you have the consent of your parent / guardian); or
1.3.2 it is unlawful for you to buy or use the goods in, or import them into, your country.
1.4 Where you communicate with us on behalf of a company / organisation, you promise that you have authority to act on behalf of that entity.
1.5 We may change these terms and conditions at any time. Please check them carefully as they will apply to any new purchases made after the effective date shown above.
2. Right to cancel under “Consumer Contracts Regulations”
2.1 Note that this section of our terms and conditions (right to cancel) does not apply to goods to which the right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 does not apply including customised goods. As most of our goods are customised, the right of cancellation will not apply in most cases. If it does apply, and if you are a consumer (i.e. acting for purposes outside a business) located within the European Union, you have the right (ending 14 working days following the day after delivery of goods) to cancel the contract by email to firstname.lastname@example.org or any of the other methods specified in the The Consumer Contracts Regulations in which case we will refund the price paid for the goods plus delivery charges attributable to the cancelled item. You are required to take reasonable care of items.
2.2 If you cancel, you must return the goods (including all component parts) at your expense to the address shown on our “contact us” page. We will charge you the direct costs of recovery if you do not comply or if you return them at our expense. We request that when returning goods:
2.2.1 you use recorded delivery and retain proof of posting;
2.2.2 you use (a) any returns form which we may make available on our website or alternatively (b) you include a note explaining the reason for your return as well as the order number and your name, address and a contact phone number; and
2.2.3 you carefully package the goods – in the original packaging if still available.
3. Display of goods on our website
3.1 We will take reasonable care to ensure that representations and descriptions of goods appearing on our website are correct. We have made every effort to display as accurately as possible the appearance / colour / texture / finish of our goods. However, what you see will depend on your monitor and computer equipment and so you acknowledge and accept that there may be minor differences between the actual goods and the way that they appear on the screen. For example, the colour tone may differ.
4. Promise to beat like-for-like price
4.1The following applies to the offer to beat any like-for-like price referred to on our website.
4.2 You must supply us with a written quote on the letterhead of the third party supplier showing the price, quantity and details of the relevant goods including customization data and delivery time. We guarantee to beat the price shown provided we are satisfied that:
4.2.1 the third party goods quoted for are exactly the same as goods we offer;
4.2.2 we can supply exactly the same customization as that offered by third party; and
4.2.3 the delivery time for the third party goods is no longer than the delivery time offered by us.
4.3 We reserve the right to withdraw this offer at any time.
5. Your order
5.1 Your order is an offer to buy from us.
5.2 You must ensure that your order and any other information you supply to us is correct and you must promptly update us if there are any changes.
5.3 It is your responsibility to carefully check any artwork which we send you for approval and to respond to us promptly. If you do not respond within 24 hours, we are entitled to assume that the artwork is approved. We agree to make reasonable adjustments to the artwork on your request if the artwork does not comply with your order. We are not responsible for any errors which were evident in artwork approved by you.
5.4 You acknowledge that the colour of finished print may appear different from any Pantone reference specified by you depending upon the nature of the material that is being printed upon and we are not be liable for any losses in this regard. If you wish to see in advance exactly how the colour appears on the finished product it is your responsibility to request a pre-production sample.
6. Payment and price
6.1 VAT or sales tax is included in any price we quote unless we say otherwise.
6.2 Payment is in advance by the means stated on our website or which we otherwise advise you. Production and despatch of the goods is subject to our receipt of full payment in cleared funds and written confirmation of artwork.
6.3 If we have mis-priced any item by mistake, we are not obliged to supply the item at that price provided we notify you before we despatch it. If we do notify you, then you can decide if you want to order the item at the correct price but, if you don’t, we will provide a full refund of any payments already made.
7. Acceptance / unavailability
7.1 For customised goods, the contract is accepted once payment is taken (for goods ordered directly through our website) or once we issue an invoice (for all other orders). In such case no changes to the order or any cancellation may be made except in accordance with your legal rights (e.g. if there is a fault) or unless we otherwise specifically agree in writing. We may agree to cancellation if production has not already started subject to payment of a cancellation fee but this is entirely in our discretion.
7.2 For non-customised goods there will be no binding contract of any kind between you and us unless and until we accept your offer by actually despatching the goods to you. Until then we may decline to supply the goods to you without giving any reason. Nothing else that we do or say will amount to acceptance of your offer. If any goods are unavailable, we will notify you of the unavailability as soon as possible and will arrange for a full refund if you have been charged.
8.1 Delivery will be to the address which you specify when ordering. We may deliver different parts of your order on different dates.
8.2 Delivery costs are charged extra at the rate shown on our site when you place your order. These will depend on the delivery method chosen. NB The delivery charges do not include customs or import duties which may be applied to your order by the relevant authorities. It is your separate responsibility to pay for these.
8.3 We will do our best to arrange delivery within the time we specify or, if none, a reasonable period. We are not liable for late delivery to the extent that this is due to circumstances beyond our reasonable control.
8.4 An extra delivery charge may become payable if no-one is present to accept delivery and either you haven’t provided alternative delivery instructions or else you don’t collect the item from a holding depot within 7 days.
8.5 Risk of damage or loss to the goods passes to you on delivery or if you wrongfully refuse delivery when delivery is attempted.
8.6 No liability will be accepted for shortage or damaged goods unless notified within seven days from delivery date. Term net cash unless stated otherwise. Ownership of goods supplied will be transferred to the purchaser when account has been paid in full.
9.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
9.2 You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself.
9.3 If you are a consumer (ie not acting in the course of a business), we are not responsible for any loss or damage caused by us or our employees or agents in circumstances where:
9.3.1 there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
9.3.2 such loss or damage was not reasonably foreseeable by both parties;
9.3.3 such loss or damage is caused by you, for example by not complying with this agreement; or
9.3.4 such loss or damage relates to a business.
9.4 If you are a consumer (ie not acting in the course of a business), you will be responsible to us for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement (subject of course to our obligation to mitigate any losses).
9.5 The following clauses apply only if you are a business:
9.5.1 To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement. In this clause, any reference to us includes our employees and agents.
9.5.2 Our liability of any kind (including our own negligence) is limited to the price paid for the goods.
9.5.3 In no event (including our own negligence) will we be liable for any:
a) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
b) loss of goodwill or reputation;
c) special, indirect or consequential losses; or
d) damage to or loss of data (even if we have been advised of the possibility of such losses).
9.5.4 You will indemnify us against all claims and liabilities directly or indirectly related to your breach of this agreement.
9.5.5 This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
10. “Act of God”
10.1 Neither you nor we are liable for failure to perform or delay in performing any obligation (excluding payment) under this agreement if the failure or delay is caused by any circumstances beyond its reasonable control including third party telecommunication failures.
11. English law
11.1 These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.
12.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (ie that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise.
13.1 If you have any complaints, please contact us within 7 days of receiving the goods via the contact details shown on our website or write to our address shown at the start of these terms and conditions.