Sales, delivery and payment conditions of Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED)
Get Noticed Design Website Terms and Conditions of Supply
1. Scope of the Terms and Conditions
1.1. This page (together with the documents expressly referred to on it) tells you (Customer) information about us (Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED)) and the legal terms and conditions (Terms) on which Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) supplies any of the products (Products) listed on the website www.getnoticeddesign.co.uk / www.getnoticeddesign.com (Website).
1.2. These Terms will apply to any contracts between Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) and Customer for the sale of Products concluded via the Website (Contract) to the exclusion of any other terms that Customer seeks to impose or incorporate, or which may be implied by trade, custom, practice or course of dealing (except where Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) has given its prior written consent). For the avoidance of doubt, any replies by Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) that reference out to any of Customer’s correspondence which itself makes reference to the Customer's purchasing terms and conditions shall not have the effect of incorporating such purchasing terms and conditions.
1.3. To the extent there is any inconsistency between the provisions of these Terms and the provisions of any other documents issued by Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) which are contained on the Website or otherwise made available to Customer, the provisions of these Terms shall prevail.
1.4. The customer should read these Terms carefully and make sure it understands them before ordering any Products from the Website. Please note that before placing an order, Customer will be asked to agree to these Terms. The customer should print a copy of these Terms for future reference.
1.5. Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) may amend these Terms from time to time. Every time Customer wishes to order Products, it should check these Terms to ensure it understands the terms which will apply at that time.
2. Information about Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED)
2.1. Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) operate the Website. Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) is a company registered in England and Wales under company number 03343039 with its registered office at 19 Nevill Street, Abergavenny, Gwent, NP7 5AA
2.2. To contact Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED), please refer to the Contact page www.getnoticeddesign.co.uk/contact.
3. How the Contract is formed between Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) and Customer
3.1. For the steps, Customer needs to take to place an order through the Website.
3.2. Customer is advised to read Get Noticed Design’s (OASIS COMMUNICATION SERVICES LIMITED) Privacy Policy
3.3. Get Noticed Design’s (OASIS COMMUNICATION SERVICES LIMITED) order process allows Customer to check and amend any errors before submitting an order. Customers should take the time to read and check all orders at each stage of the order process.
3.4. After Customer places an order, Customer will receive an order confirmation from Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) with a summary of the order. However, this does not mean that the order has been accepted. Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) acceptance of the order will take place as described in condition 3.5.
3.5. The Contract between Customer and Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) shall only be concluded after the Artwork (defined in condition 5.1 below) has been transmitted by Customer and Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) has sent a separate order confirmation via e-mail (Acceptance of Order). Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) will send the Confirmation via e-mail within five days after receiving the Artwork.
3.6. The application of the UN Sales Convention on the International Sale of Goods (CISG) shall not apply to the Contract.
3.7. All offers are subject to prior sale.
4. Status of Customer
4.1. For the purposes of these Terms, Customer shall be deemed to be purchasing as a business if it enters into the Contract, or holds itself out as entering into the Contract, in the course of a business and/or it is purchasing Products which are not of a type ordinarily supplied for private use or consumption.
4.2. If Customer is purchasing as a consumer:
4.2.1. Customer may only purchase Products from the Website if Customer is at least 18 years old; and
4.2.2. The customer has legal rights in relation to any Products that are faulty or not as described. The customer can obtain advice about their legal rights from the Citizens' Advice Bureau or Trading Standards. Nothing in these Terms will affect these legal rights.
4.3. If Customer is purchasing as a business:
4.3.1. Customer confirms it has the authority to bind any business on whose behalf it uses the Website to purchase Products; and
4.3.2. Customer acknowledges and agrees that these Terms and any document expressly referred to in them constitute the entire agreement between Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) and Customer. Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) which is not set out in these Terms, or any document expressly referred to in them.
5. Content of the Order and Proof Requirements
5.1. Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) completes all orders solely on the basis of print data and information (Artwork) submitted by Customer. Customer must ensure it has read and understood its responsibilities contained in these Terms and which are set out in more detail on the Artwork guide.
5.2. Customer must check the Artwork carefully against the Format Requirements before submitting to Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED). Except as otherwise set out in this condition 5, Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) will not review any Artwork for compliance with the Format Requirements or otherwise for any typographical errors.
5.3. When Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) has received the Artwork from Customer, Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) will perform a ‘Standard Artwork Check’ on every order submitted by Customer. The extent to which Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) checks the Artwork is detailed on the FAQ page.
5.5. Where Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) has produced a proof for Customer pursuant to performing a Superior Artwork Check or Proof on the Artwork, Customer acknowledges and accepts that such proof is merely illustrative of the final Product to be produced by Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) and Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) shall have no liability to Customer for slight variations in the final Product from the proof supplied.
5.6. If, when Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) performs either the Standard Artwork Check or Superior Artwork Check, Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) discovers that the Artwork supplied by Customer is defective or does not comply with the Format Requirements, Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) will notify Customer and request Customer either provides corrected Artwork or permits Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) to edit the Artwork to the extent necessary to comply with the Format Requirements before Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) completes the order.
5.7. In the event that Customer notifies Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) that it wishes to proceed with the order without correcting any defects in the Artwork or amending such Artwork, so it complies with the Format Requirements, Customer does so at its own risk.
5.8. If additional costs arise due to the inaccuracy of the Artwork, these will be borne by the Customer.
5.9. Where Customer has not submitted Artwork in CMYK mode in accordance with the Format Requirements, Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) shall be entitled to convert the Artwork to ensure it complies with the Format Requirements. In these circumstances, the liability for any resulting colour deviations lies solely with the Customer. By transmitting the Artwork in any other mode than the specified CMYK mode, the Customer acknowledges and agrees that the conversion is carried out at Customer’s own risk.
5.10. For the avoidance of doubt, Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) will not accept any responsibility or liability for any colour variations, irregularities or other defects whatsoever of the Products ordered by Customer which are caused as a result of Artwork not complying with the Format Requirements, including (but not limited to) graphics and images, colours and colour mode, cut, fonts and lines.
5.11. Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) reserves the right to refuse any orders and/or terminate any Contracts where the transmitted Artwork contains defamatory, pornographic, fascist, radical content or any other material which is obscene, offensive, hateful or inflammatory.
5.12. After the Contract is formed, Customer shall only be entitled to make changes to the order provided Customer remains liable for any additional costs incurred by Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) in making such changes.
5.13. Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) has committed itself to remaining neutral. Print orders with sponsoring are therefore not possible for the following topics: political, religious/ideological, racist, gender biased, pro-violence or similar topics. Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) reserves the right to change such print orders accordingly or to refuse or cancel them in accordance with Section 5.11.
6. Rights of revocation and exclusions to revocation in consumer contracts
Right of revocation for delivery of multiple goods not manufactured according to customer specifications and delivered in multiple consignments
Revocation policy
You have the right to revoke this contract within 14 days without giving reasons.
The revocation period shall be 14 days from the day on which you or a third party nominated by you who is not the carrier took possession of the last goods.
To exercise your right of revocation, you must inform us
Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED)
19 Nevill Street, Abergavenny, Gwent, NP7 5AA
by means of a clear statement (e.g. a letter sent by post, fax or email etc.) regarding your decision to revoke this contract. You may use the Sample Revocation Form attached; this is not mandatory, however.
To observe the revocation period it shall be sufficient for you to send the notification of the exercising of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke this contract, we shall refund you all payments that we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you chose a type of delivery other than the reasonable standard delivery offered by us), immediately and no later than within 14 days of the date on which we received the notice of revocation of this contract. We will make the reimbursement using a bank transfer; in any event, you will not incur any fees as a result of the reimbursement. Under no circumstances will you be charged any bank charges for this repayment. We may withhold the repayment until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is the earlier.
You must send back or transfer the goods immediately and in all cases no later than 14 days from the date on which you notify us of the revocation of this contract to Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED), 19 Neville Street, Abergavenny, Gwent, NP7 5AA. This deadline shall be considered met if you send the goods before the expiry of the period of 14 days. We shall bear the costs of returning the goods. You shall pay for any diminished value of the goods only if this diminished value is attributable to your handling of the goods in any way other than what is necessary to ascertain the quality, nature, and functioning of these.
End of revocation policy
6.1. This right of revocation shall not apply for the delivery of goods that have been produced according to customer specifications.
The right of revocation shall not exist for distance sales contracts
- for the supply of goods which are not prefabricated and the production of which is determined by an individual choice or decision of the consumer or which are clearly tailored to the personal needs of the consumer.
If the printed materials are produced via the Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED)website according to customer specifications, no legal right of revocation shall exist. No contractual right of revocation is granted.
7. Communication
7.1. Applicable laws require that some of the information or communications Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) send to Customer should be in permanent form and for this purpose, Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) shall confirm such information to Customer by email, which Customer accepts is a permanent form of communication.
7.2. When registering to use the Website, Customer shall provide an e-mail address for communications between Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) and Customer. Customer shall ensure such email address is valid and functioning. In particular, Customer shall ensure that the settings of the spam filter on its e-mail account allow the receipt by Customer of e-mails sent by Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED).
7.3. In the case of Customers purchasing as a business:
7.3.1. Customer acknowledges and agrees that this e-mail address shall be stored by Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) and used in respect of any future orders received from the Customer until revoked or modified by the Customer;
7.3.2. any notice or communication sent by Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) to Customer, or by Customer to Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) will be deemed received and properly served (i) immediately when posted on the Website (ii) in the case of e-mails, 24 hours after an e-mail is sent, or (iii) in the case of letter, three days after the date of posting.
8. Price of the Products and Delivery Charges
8.1. The price of the Products will be as quoted on the Website.
8.2. Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) takes all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the Website. However, if Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) discovers an error in the price of Products(s) ordered by Customer, condition 8.5 will apply.
8.3. Prices for the Products may change from time to time, but changes will not affect any order which Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) has confirmed with an Order Confirmation.
8.4. The price of the Products includes packaging and delivery charges.
8.5. The Website contains a large number of Products. It is always possible that, despite Get Noticed Design’s (OASIS COMMUNICATION SERVICES LIMITED) best efforts, some of the Products on the Website may be incorrectly priced. If Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) discovers an error in the price of the Products Customer has ordered, Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) will inform Customer of this error and Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) will give Customer the option of continuing to purchase the Product at the correct price or cancelling the order. Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) will not process Customer’s order until it has received Customer’s instructions. If Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) is unable to contact Customer using the contact details Customer provided during the order process, Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) will treat the order as cancelled and notify Customer in writing. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by Customer as a mispricing, Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) do not have to provide the Products to Customer at the incorrect (lower) price.
8.6. The Customer will be charged additionally for any subsequent changes requested by the Customer, including if this request results in machine downtime or additional production costs in the event of a complete or partial cancellation (except if the cancellation is pursuant to the consumer’s rights under condition 6). Additional charges are also payable if Customer requests repeated samples due to a slight deviation from the template.
8.7. Any Superior Artwork Check or Proof that is ordered by Customer shall be subject to an additional fee in accordance with condition 5.4 of these Terms.
8.8. If Customer obtains a quotation for Products from Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) either by e-mail or through the Website, this does not constitute an offer by Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) and shall only be valid for a period of 14 days from its date of issue. All quotations are subject to the condition that the order details underlying the quotation at the time of issue remain unchanged, and Artwork to be received from Customer is received within one week of Customer placing the order.
9. VAT
9.1. The price of the Products automatically includes VAT (if any, which shall be at the sole discretion of Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED)) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of the order and the date of delivery, Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) will adjust the VAT payable by Customer, unless Customer has already paid for the Products in full before the change in VAT takes effect.
9.2. If Customer believes that the Product it has purchased should be zero-rated for VAT purposes, Customer shall notify Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) immediately following receipt of the Order Confirmation and confirm the reasons for this. Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) will investigate such claim and if it considers (acting reasonably) that such Product should be zero-rated for VAT purposes, Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) shall reimburse Customer for any overpayment made in respect of VAT.
9.3. Customers who are registered for VAT purposes must provide to Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) a valid VAT registration number at the time of placing an order. Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) is entitled to retain such information and apply this VAT registration number to any subsequent orders until Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) is notified by Customer in writing that the VAT registration number is no longer valid.
10. Payment
10.1. Customer may pay for Products at the time of placing the order using a debit card or credit card, PAYPAL or pay by bank transfer after placing an order. Customers should note that where payment is made by bank transfer after placing an order, Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) shall not start production of the Products until payment has been received in full.
10.2. No other payment methods or terms shall apply unless expressly agreed with Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) In writing.
10.3. Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) shall issue a separate invoice for each Product ordered by Customer.
10.6. In the event that Customer makes a payment in error, it is the responsibility of Customer to notify Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) and request Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) reimburse such sum. Subject to confirmation by Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) that it has received such overpayment, Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) shall reimburse the sum to Customer. Where the repayment of any such sum by Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) is subject to an additional charge, Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) shall be entitled to deduct the amount of any charge from the sum to be reimbursed.
11. Delivery
11.1. Delivery times can be selected in the configuration page of the website and are individually calculated by Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED).
11.2. Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) will endeavour to deliver the Products as soon as possible after Customer’s order has been accepted and Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) has completed the production of the Products.
11.3. Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) will advise the Customer of the estimated date of delivery of the Products; however, Customer accepts that time is not of the essence in relation to any estimated dates given by Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED).
11.4. For the avoidance of doubt, Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) shall not commence production on the Products until it has received payment in full for the Products and it is in receipt of the final Artwork following the completion of any Standard Artwork Check, Superior Artwork Check or Proof. Payment and artwork must be submitted by 5:00 pm (2:00 pm for Overnight products) for that day to count as a workday. The delivery time is calculated starting with the acceptance of payment and artwork.
11.5. Delivery will be completed when Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) delivers the Products to the address given by Customer during the order process. If Customer is purchasing as a business, delivery will be completed when Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) delivers the Products to Customer’s nominated carrier.
11.6. If Customer is not available at the delivery address, Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) will leave a note that the Products have been returned to Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) premises and Customer must contact Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) to rearrange delivery. In circumstances where Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) has re-arranged delivery and Customer is not available at the delivery address on the agreed date and time to take delivery of the Products, Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) shall be entitled (at its discretion) to charge Customer for any additional costs reasonably incurred by Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) in attempting to re-deliver the Products.
11.7. The Products will be at the risk of the Customer from completion of delivery. Customer shall only own the Products once Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) has received payment in full for the Products.
11.8. Delivery of the Products shall be performed during normal business hours, being Monday to Friday 8am to 5pm.
11.9. The delivery of prospectuses takes place on disposable pallets; shipment tracking is not possible in this case.
11.11. Customer acknowledges and agrees (except in the case of a consumer) that it shall dispose of all transportation packaging unless otherwise agreed between the parties in writing. In any event, Customer shall not be entitled to return the transportation packaging except if the packaging is returned immediately after delivery of the Products and if the packaging is clean, free of debris and sorted according to the type of packaging.
11.12. Where Customer is purchasing as a business, Customer shall not be entitled to reject the Products if Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) delivers up to and including 10% more or less than the quantity of Products ordered, but a pro rata adjustment shall be made to the order invoice on receipt of notice from Customer that the wrong quantity of Products was delivered. For deliveries from special paper orders less than 1,000 kg, the percentage increases to 20%, and for deliveries from special paper orders over 1,000 kg, the percentage is 15%.
11.13. For the avoidance of doubt, Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) shall not be liable for any delay in delivery of the Products that is caused by an Event Outside the Control of Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) or Customer's failure to provide Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.
12. Event Outside the Control of Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED)
12.1. Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) shall not be liable or responsible for any failure to perform or delay in performance of, any of its obligations under a Contract that is caused by an Event Outside the Control of Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED). An Event Outside the Control of Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) is defined below in condition 12.2.
12.2. An Event Outside the Control of Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) means any act or event beyond Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
12.3. If an Event Outside the Control of Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) takes place that affects the performance of Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) obligations under a Contract:
12.3.1. Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) will notify Customer as soon as reasonably possible; and
12.3.2. Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) obligations under a Contract will be suspended and the time for performance of its obligations will be extended for the duration of the Event Outside the Control of Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED).
12.4. If the Event Outside the Control of Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) extends beyond four weeks, Customer shall be entitled to cancel the Contract.
13. Warranty
13.1. Where Customer’s Products arrive in a damaged or defective condition, or Customer claims the Products are not as described, Customer must notify Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) immediately and, in any event, no later than 7 days following delivery of the Products. Subject to Customer giving Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) a reasonable opportunity of examining such Products and Customer (if asked to do so by Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED)) returning such Products to Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) at Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) cost, Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) will provide a full refund of the price paid by Customer including return postage and packing.
13.2. If Customer returns any Products to Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) and Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) can prove they were not damaged or defective when Customer received them, or are not described, Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) may send them back to Customer, claiming the cost of return postage and no refund shall be due to Customer.
13.3. For the avoidance of doubt, Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) shall not be liable to accept any returned Products from Customer in circumstances where the Product is based on Artwork produced by Customer which fails to comply with the Format Requirements stipulated by Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED).
13.4 The details communicated are not guaranteed characteristics but describe or characterise a specific service. Insofar as the product can still be used for its contractually intended purpose, commercial deviations are permissible. Particularly in the case of coloured reproductions in all production processes including within products in the same order and within the same print run, small colour deviations are not defects. This also applies to colour deviations on any order previously printed with Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED). The same applies to comparisons between other documents (e.g., digital proofs, colour proofs) and the final product. A certain orientation of the paper cannot be guaranteed. Due to production or machinery, unavoidable minor differences in cutting and folding tolerances may occur which do not entitle the customer a reprint or compensation.
13.5 The specifications of the printing process are not binding. A certain printing process is not guaranteed and is therefore no reason for a complaint.
13.6 Any deliveries that are over or short (up to 10%) of the ordered amount cannot be objected to due to the insignificance of the deviation. This also applies if the service option to send the order to multiple addresses is selected. The amount sent will be charged. For deliveries of less than 1,000 kg, there is an additional price increase of 20%, in all other cases of 15%. This excludes deliveries to consumers.
14. Liability
Get Noticed Design’s (OASIS COMMUNICATION SERVICES LIMITED) liability if Customer is purchasing as a consumer
14.1. If Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) fails to comply with these Terms, Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) is responsible for any loss or damage suffered by Customer that is a foreseeable result of Get Noticed Design’s (OASIS COMMUNICATION SERVICES LIMITED) breach of the Terms or Get Noticed Design’s (OASIS COMMUNICATION SERVICES LIMITED) negligence. Loss or damage will be foreseeable if they are an obvious consequence of Get Noticed Design’s (OASIS COMMUNICATION SERVICES LIMITED) breach or if they were contemplated by Customer and Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) at the time the Contract was entered into.
14.2. Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) does not in any way exclude or limit its liability for:
14.2.1. death or personal injury caused by our negligence;
14.2.2. fraud or fraudulent misrepresentation;
14.2.3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
14.2.4. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
14.2.5. defective products under the Consumer Protection Act 1987.
Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) liability if Customer is purchasing as a business
14.3. Nothing in these Terms limit or exclude Get Noticed Design’s (OASIS COMMUNICATION SERVICES LIMITED) liability for:
14.3.1. death or personal injury caused by our negligence;
14.3.2. fraud or fraudulent misrepresentation;
14.3.3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
14.3.4. defective products under the Consumer Protection Act 1987.
14.4. Subject to condition 14.3, Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) will under no circumstances whatever be liable to Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
14.4.1. any loss of profits, sales, business, or revenue;
14.4.2. loss or corruption of data, information or software;
14.4.3. loss of business opportunity;
14.4.4. loss of anticipated savings;
14.4.5. loss of goodwill; or
14.4.6. any indirect or consequential loss.
14.5. Subject to condition 14.3 and condition 14.4, Get Noticed Design’s (OASIS COMMUNICATION SERVICES LIMITED) total liability to any business Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 200% of the price of the Products.
14.6. Except as expressly stated in these Terms, Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) does not give any representation, warranty or undertaking in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) will not be responsible for ensuring that the Products are suitable for Customer’s purposes.
15. Communications between Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) and Customer
15.1. When these Terms refer to "in writing", this will include e-mail.
15.2. If Customer is purchasing as a consumer:
15.2.1. To cancel a Contract in accordance with Customer’s legal right to do so as set out in condition 6 Customer must contact Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) in accordance with condition 6.3.
15.2.2. If Customer wishes to contact Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) in writing for any other reason, Customer can send this to Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) by e-mail or by pre-paid post to [Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED)] at [hello@getnoticeddesign.com or Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) 19 Neville Street, Abergavenny, Gwent, NP7 5AA]. Customer can always contact Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) using the Customer Services telephone line.
15.2.3. If Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) has to contact Customer or give Customer notice in writing, Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) will do so by e-mail or by pre-paid post to the address Customer provided in the order.
15.3. If Customer is purchasing as a business, any notice given by Customer to Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED), or by Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) to Customer, will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this condition shall not apply to the service of any proceedings or other documents in any legal action.
16. Termination
16.1. Where Customer decides not to proceed with an order having obtained a Superior Artwork Check and/or Proof from Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED), it must notify Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) immediately in writing. Customer shall be liable to pay the additional costs incurred by Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) in carrying out such Superior Artwork Check and/or Proof.
16.2. Before sending an Order Confirmation, Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) has the right to cancel Customer's order, if Customer does not deliver Artwork that complies with the Format Requirements within a period of four weeks from date of order.
17. Personal Data
17.1. Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) processes personal data in accordance with its Privacy Policy
17.2. Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) will use the personal information provided by Customer to:
17.2.1. supply the Products;
17.2.2. process the payment for such Products; and
17.3. Save as set out in condition 17.4 below, Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) does not pass any personal data to any other third party.
17.4. Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) uses a trusted third party to store the personal data it collects. Further details about this processing are set out in the Privacy Policy
18. Archiving
Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) shall not archive Products belonging to Customer (including in particular data and media) without prior written agreement and upon such payment terms as Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) shall in its sole discretion determine. Customer shall be responsible for ensuring such archived Products.
19. Trademarks / Copyright
The Customer shall indemnify Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) against any and all claims, liability, costs losses, damages and expenses arising out of the use by Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) of the materials provided to Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) by Customer including (without limitation) the Artwork.
21. Other important terms
21.1. Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) may transfer its rights and obligations under a Contract to another organisation, but this will not affect Customer’s rights or Get Noticed Design’s (OASIS COMMUNICATION SERVICES LIMITED) obligations under these Terms.
21.2. Customer may only transfer its rights or obligations under these Terms to another person if Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) agree in writing. However, if Customer is a consumer and has purchased a Product as a gift, Customer may transfer the benefit of the warranty to the recipient of the gift without needing to ask Get Noticed Design’s (OASIS COMMUNICATION SERVICES LIMITED) consent.
21.3. The Contract is between Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) and Customer. No other person shall have any rights to enforce any of its terms. If Customer is a consumer, the recipient of any gift of a Product will have the benefit of Get Noticed Design’s (OASIS COMMUNICATION SERVICES LIMITED) warranty, but Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) and Customer will not need their consent to cancel or make any changes to these Terms.
21.4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
20.5. If Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) (i) fails to insist that Customer perform any of its obligations under these Terms, (ii) does not enforce its rights against Customer, or (iii) delays in enforcing its rights against Customer, that will not mean that Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED)has waived its rights against Customer or that Customer does not have to comply with those obligations. If Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) does waive a default by Customer, Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) will only do so in writing, and this will not mean that Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) will automatically waive any later default by Customer.
21.6. If Customer is purchasing as a consumer, these Terms are governed by English law. This means a Contract for the purchase of Products through the Website and any dispute or claim arising out of or in connection with it will be governed by English law. Customer and Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if Customer is a resident of Northern Ireland, Customer may also bring proceedings in Northern Ireland, and if Customer is a resident of Scotland, Customer may also bring proceedings in Scotland.
21.7. If Customer is purchasing as a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. Customer and Get Noticed Design (OASIS COMMUNICATION SERVICES LIMITED) both agree to the exclusive jurisdiction of the courts of England and Wales.
Date of documentation: September 2021
The customer can always check these terms on www.getnoticeddesign.com, also save them as a PDF and view the file permanently offline or print it at any time.
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