M&M Promotions Standard Terms and Conditions and General Trading Information
- General
1.1 These terms and conditions apply to all orders and supersede all others, unless otherwise agreed in writing with M&M Promotions Ltd. Placing an order to purchase goods from us constitutes the buyer’s acceptance that our conditions are the only conditions that apply to the contract. This includes any special terms or conditions which the buyer may purport to apply under any purchase order, order confirmation or similar document.
1.2 The seller will show written acceptance of the buyer’s order through a sales order confirmation once a quote has been accepted. Any quotes, price lists or other documents issued by the seller to the buyer are to be treated as estimates that do not constitute an offer of sale, and prices are subject to change without notice. The seller is not responsible for any accidental errors on quotes, price lists, sales literature, sales confirmations or any other document issued to the buyer.
1.3 The sales order confirmation will contain all information on quantity, print type and any other specifications. If the buyer wishes to change any of these details, they must make the request in writing within 24 hours of receiving the order confirmation. The buyer accepts that changes may be denied or result in a cost increase. Once the order confirmation has been sent to the buyer, the order is presumed to be accepted. Cancellation of the order may result in admin or studio fees.
- Payment Terms
2.1 All first orders must be paid pro forma prior to the delivery of goods. Failure to pay may lead to the buyer’s order being placed on hold and the delivery date being missed. After the first order, clients will be given a credit account. Payment is then to be made within 30 days from the date of the invoice.
2.2 Once a proforma invoice has been paid, the order will go into production and a VAT invoice will be issued upon dispatch of goods.
2.3 The seller reserves the right to claim interest on overdue payments under the Late Payment of Commercial Debts (Interest) Act 1998. If the buyer fails to pay, the seller will cancel any future orders and take away the buyer’s credit. Any legal or collection charges necessary to collect payment of an overdue invoice from the buyer shall be paid for by the buyer.
- Quotations
3.1 Any prices advertised by us today may change at any time based on external circumstances. No quote given shall be taken as an offer of sales. Only the sales order confirmation may be accepted as the final price.
3.2 Any quotes sent to the buyer will only be valid before the expiration date. If the buyer chooses to accept the quote after it has expired, the price may change. The final price shall be the price given on the sales order confirmation.
- Prices
4.1 Where applicable all prices quoted are subject to V.A.T. at the current rate.
4.2 If the buyer asks for the order to be changed or if the buyer makes an error in the process of the order (such as, but not limited to, giving an incorrect delivery address) that increases the cost, the buyer accepts liability for the additional cost.
- Products
5.1 Before the buyer’s order goes into production, the buyer will be sent a proof. It is the buyer’s responsibility to check that proof carefully, including the layout and print colours. Some suppliers may begin charging a fee if proofs are repeatedly sent back for amendments and the seller reserves the right to pass that fee on to the buyer.
5.2 Some suppliers may require artwork to be set in a specific template which will be passed on to the buyer. If the buyer is unable to set artwork to the template, the supplier may be able to do this for a fee which the buyer will pay.
5.3 Once the buyer has approved the proof, the buyer may be charged if they change their mind about something or decide to cancel. Failure to approve in a timely manner may result in any lead times not being met.
5.4 Lead times are the best estimate of the supplier and can change due to unforeseen circumstances. The seller accepts no responsibility for delayed lead times.
- Samples
6.1 The buyer must request any samples they would like. If the buyer does not order samples, the buyer accepts that any goods may appear differently than shown in proofs or images due to the manufacturing process.
6.2 The seller will make every reasonable attempt to make sure that any product descriptions the seller provides to the buyer are correct. The buyer is advised, however, to request samples so that the buyer can see the product for themselves. The seller accepts no liability for the buyer choice not to request any samples.
- Artwork and Printing
7.1 The buyer is responsible for providing artwork for the order, except where they have come to a written agreement with the seller to have artwork designed or set for a fee. The buyer’s artwork must be in a vectored file or the buyer must have the pantone references. When using pantone references, the buyer accepts that the colour of the finished print may look different depending on the material it is printed on.
7.2 It is the buyer’s responsibility to check the PDF visual proof for the correct pantone references and request samples to see what the pantone looks like on the finished product. The seller accepts no liability for any losses that come from errors in the final product which is made from the approved artwork.
- Cancellation
8.1 If the buyer cancels all or part of an order after approving proofs, the buyer shall pay for a cancellation charge, together with any costs incurred. In the case of the buyer cancelling goods which have been ordered to the buyer’s designs, patterns or specifications, the buyer agrees to pay for goods made or begun to be made at the time of cancellation and to cover cost of delivery of such goods to the buyer.
8.2 All cancellation requests must be made in writing.
8.3 If the buyer cancels an order due to a change in financial circumstances and finds themselves unable to pay, the buyer accepts that a payment plan must be made with the seller and followed until the payment of the goods is complete.
- Delivery
9.1 It is the buyer’s responsibility to provide an up-to-date and correct address for delivery. If buyer fails to do so and goods are delivered to the wrong place, the buyer accepts liability for any charges to redeliver.
9.2 Delivery cost(s), date(s) and place(s) will be specified in the sales order confirmation. While the seller will do their best to meet these delivery dates, dates are only a best estimate and may be affected by forces outside of the seller’s control. Please be aware that courier lead times have been affected by the driver shortage and importation of products into the UK caused by Brexit. The seller does not accept any liability for loss caused by delayed or misdelivered orders.
9.3 For delivery in the UK, the cost will cover delivery to a single address in all mainland areas of England, Scotland and Wales. The buyer shall cover any extra charges incurred by delivery beyond UK mainland, including any duty and landing charges.
9.4 Delivery of goods shall be completed on the completion of the unloading of the goods at the delivery address.
9.5 The company reserve the right to supply up to or under 10% (ten percent) of the specified quantity on all goods ordered, and to add or deduct the relevant value from the invoice.
- Passing of Property and Risk
10.1 On delivery of the goods, all risk in the goods shall pass to the buyer. All goods, delivered or not, remain our property until payment is received in full and should be stored in such a way that enables them to be easily identified as our property. If the buyer fails to pay, the buyer shall cover the cost of delivery back to the seller or allow the seller to enter their premises to repossess the goods. The seller retains the right to resell the goods to recover part or all of the sum owed by the buyer.
- Claims
11.1 The buyer should inspect the order within 24 hours of delivery to check for damaged or misplaced goods. If any of the buyer’s order is damaged or lost during transit, the buyer must inform us in writing. Failure to inform us within this time will lead to the seller dismissing the buyer’s claim. Written claims should be accompanied by photographs of any damaged goods and the buyer should hold damaged goods for the seller’s inspection. No claims will be accepted for damage that has occurred after the buyer has received the goods.
11.2 If there is a problem with the buyer’s goods that only becomes apparent over time, they will contact the seller in writing as soon as is reasonably possible. The seller will do their best to find a solution to the problem.
- Liability
12.1 Save in so far as defects in the goods cause death, injury or damage to personal property, our liability for any loss or damage suffered by the buyer in respect of the goods shall be limited to the contract value of the goods.
12.2 Nothing in these terms and conditions shall affect the rights of the consumer.
- Analytics
13.1 If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
13.2 For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
13.3 If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
13.4 Visitor comments may be checked through an automated spam detection service.
- Force Majeure
14.1 The seller does not accept responsibility for factors outside of the seller’s control affecting the buyer’s order, including but not limited to stock shortages, staff shortages, strikes or other industrial action or equipment failure. The seller will do their best to make the buyer aware of any such factors which will affect the buyer’s expected delivery date. If it becomes impossible for the seller to complete their obligations within a reasonable amount of time, the seller will cancel the order and the buyer will not incur any cancellation charges and shall be refunded any sum already paid.
- Merchandise Portal
15.1 M&M retains the rights and ownership of all Merchandise Portals. Placing an “order” through the portal will generate an enquiry. A quote will then be sent with up-to-date pricing. No orders are final until the order confirmation has been sent.
15.2 All products on the Merchandise Portals are presumed to be approved by the buyer. No proof for approval will be sent during the ordering process unless the item has not been ordered before.
